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Suroor Bin Mohammed Al Nahyan v. First Investment Corp.

Citations: 701 So. 2d 561; 1997 Fla. App. LEXIS 3764; 1997 WL 169517Docket: No. 96-2781

Court: District Court of Appeal of Florida; April 11, 1997; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the court reviewed a petition for certiorari regarding discovery on jurisdictional matters involving a defendant challenged on the grounds of business activities within Florida. The petition centered around whether the defendant, Suroor Bin Mohammed A1 Nahyan, was properly served via the Secretary of State under Florida Statute section 48.181(1), given insufficient allegations of his business conduct in the state. The court allowed limited discovery to ascertain the veracity of the defendant's affidavit concerning his business dealings. Citing Gleneagle Ship Management Co. v. Leondakos, the court affirmed that in personam jurisdiction principles are applicable to service of process when jurisdictional facts are disputed. The defendant contested some discovery requests as overly broad, but the court determined these were neither privileged nor excessively oppressive, declining to limit them. Ultimately, the court supported the lower court's decision, denying the petition, with Judge Thompson concurring and Judge Dauksch concurring in the result only.

Legal Issues Addressed

Discovery on Jurisdictional Issues

Application: The court permitted limited discovery to verify the accuracy of an affidavit regarding whether the defendant conducted business in Florida.

Reasoning: The primary issue is whether the defendant conducted business in Florida, which necessitates discovery to verify the accuracy of an affidavit submitted by the defendant.

In Personam Jurisdiction Principles

Application: The court referenced principles from Gleneagle Ship Management Co. v. Leondakos, applying them to service of process in situations involving factual jurisdictional questions.

Reasoning: The court noted that principles from Gleneagle Ship Management Co. v. Leondakos, which pertain to in personam jurisdiction, also apply to service of process when factual issues concerning jurisdiction are in question.

Scope of Discovery Requests

Application: The court found that the discovery requests made were neither privileged nor excessively oppressive and refused to narrow them.

Reasoning: Although the defendant raised concerns that some discovery requests were overly broad, the court found that the requests were not privileged or excessively oppressive, thus refusing to intervene.

Service of Process through Secretary of State

Application: The court expressed doubt about the appropriateness of serving the defendant through the Secretary of State due to insufficient allegations of business activities in Florida.

Reasoning: The court expressed doubt about the propriety of serving the defendant through the Secretary of State due to insufficient allegations of his business activities in Florida, as outlined in section 48.181(1) of the Florida Statutes.