Harris Schwartzberg Trust v. Bell

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT HARRIS SCHWARTZBERG TRUST; ) STEVEN SCHWARTZBERG TRUST; ) JUDITH SCHWARTZBERG TRUST; ) SCHWARTZBERG DESCENDANTS ) TRUST; STEVEN SCHWARTZBERG ) 2003 TRUST; HARRIS SCHWARTZBERG ) 2003 TRUST; JUDITH SCHWARTZBERG ) 2003 TRUST; JS MIDWEST TRUST; HS ) MIDWEST TRUST #1; FAM MIDWEST ) TRUST; HARRIS SCHWARTZBERG 2004 ) GST TRUST 1; JUDITH SCHWARTZBERG ) 2004 GST TRUST 1; HARRIS ) SCHWARTZBERG 2004 GST TRUST 2; ) SCHWARTZBERG FAMILY 2004 GST ) TRUST; SCHWARTZBERG 2004 ) DESCENDANTS TRUST, ) ) Appellants, ) ) v. ) ) EVA L. BELL, as Personal Representative ) of the Estate of Eugene McNeal, ) ) Appellee. ) ___________________________________ ) Opinion filed November 7, 2012. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Polk County; Neil A. Roddenbery, Judge. Antonio A. Cifuentes and Daniel E. Dias of Mancuso & Dias, P.A., Tampa, for Appellants. Case No. 2D11-3613 Isaac R. Ruiz-Carus of Wilkes & McHugh, P.A., Tampa, for Appellee. MORRIS, Judge. The appellants, various named trust defendants in the underlying nursing home litigation, seek review of a nonfinal order denying their motion to dismiss for lack of personal jurisdiction. The facts and posture of this case are indistinguishable from those in Schwartzberg v. Knobloch, No. 2D11-2867, 2012 WL 3870628 (Fla. 2d DCA Sept. 7, 2012). For the reasons set forth therein, we conclude that Eva Bell, as personal representative of the estate of Eugene McNeal, did not prove a basis for longarm jurisdiction over the trust defendants under section 48.193, Florida Statutes (2009). Reversed and remanded. DAVIS and VILLANTI, JJ., Concur. -2-

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