Dr.-Ing. H.C.F. Porsche v. The Collection LLC
The Third District affirmed the denial of Porsche AG's motion to dismiss for lack of personal jurisdiction, relying on Ford Motor Co. and its own Mazda Motor Corp. v. Triche decision holding that a foreign automobile manufacturer that designs and ships vehicles for the Florida market purposefully avails itself of the forum. Judge Rebull concurred separately to explain that Porsche AG waived any right to an evidentiary hearing on the jurisdictional facts by telling the trial court in a footnote that no hearing was needed, and that an argument raised only in a footnote is legally insufficient to preserve the issue.
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Key facts
- Porsche AG, a foreign automobile manufacturer, moved to dismiss for lack of personal jurisdiction in an action brought by The Collection LLC in Florida state court.
- The trial court denied Porsche AG's motion to dismiss, and Porsche AG appealed, arguing it lacked sufficient contacts with Florida to justify jurisdiction.
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Why it matters
The concurrence gives litigators a reusable preservation rule for Venetian Salami practice: counsel who argue in the alternative that no evidentiary hearing is needed risk waiving the hearing altogether, and… — full analysis with a trial
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