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2nd DCAApril 5, 2023Affirmed⭐ Notable

Concordia Lutheran Ministries v. Wills

Case No. 22-2641

In a nursing home negligence/wrongful death action, the out-of-state parent holding company appealed the denial of its motion to dismiss for lack of personal jurisdiction. The Second DCA held that the parent's detailed affidavit refuted general jurisdiction and the 'conducting business' prong of the long-arm statute, but failed to refute the allegation that the parent committed a tort in Florida by aiding and abetting the subsidiary's breach of fiduciary duty (through revenue-sweeping contracts), so jurisdiction was proper under section 48.193(1)(a)2.

Key facts

  • Out-of-state parent company of a Florida nursing home subsidiary was sued for negligence and wrongful death by the estate of a nursing home resident.
  • The parent company moved to dismiss for lack of personal jurisdiction; the trial court denied the motion.
  • +2 more key facts with a free trial

Why it matters

Useful for plaintiffs pursuing out-of-state nursing home parent companies and holding entities: the opinion confirms that pleading aiding and abetting a subsidiary's breach of fiduciary duty via revenue diversion can… — full analysis with a trial

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