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Paradise of Port Richey v. Estate of Konstantinos Boulis

Citations: 810 So. 2d 1044; 2002 Fla. App. LEXIS 3021Docket: Nos. 4D01-2058, 4D01-2649

Court: District Court of Appeal of Florida; March 12, 2002; Florida; State Appellate Court

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The Broward County probate court lacked jurisdiction to order Paradise of Port Richey, Inc. to allow inspection of its books and revenue counts related to the estate of Konstantinos Boulis. Paradise contended that the court never obtained jurisdiction over it, while the estate argued jurisdiction was established through the telephonic appearance of Paradise's attorney at a prior hearing. However, since the attorney's appearance was before any petition directly involving Paradise was filed and no affirmative relief was requested, the court concluded that jurisdiction was not acquired. The case history reveals that after Boulis's death, the estate intervened in an ongoing lawsuit where Paradise had previously sued Boulis. The estate's reliance on the attorney's appearance as a basis for jurisdiction was deemed insufficient, as it did not constitute a request for relief pertaining to the merits of the case. Consequently, the appellate court reversed the probate court's order for an accounting from Paradise, affirming a lack of personal jurisdiction.