TYSON ASSET MANAGEMENT v. SCLAFANI (2025)

District Court of Appeal of Florida, Fourth District.

TYSON ASSET MANAGEMENT, L.P., a Texas limited partnership, and Gregg S. Tyson, individually, Appellants, v. Beth SCLAFANI, Appellee.

No. 4D2025-0281

Decided: July 23, 2025

Nancy W. Gregoire Stamper of Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, and Brett P. Rogers of the Law Offices of Brett P. Rogers, P.A., Fort Lauderdale, for appellants. Caroline N. Johnson of Johnson Ritchey Family, PLLC, Boca Raton, for appellee.

Third party defendants, Tyson Asset Management, L.P. and Gregg S. Tyson, appeal the trial court's order that denied their motion to dismiss for lack of personal jurisdiction without explanation. We reverse and remand for the trial court to hold a limited evidentiary hearing and make factual findings reconciling the parties’ affidavits. See Hsu v. Atassi, 399 So. 3d 1157, 1158 (Fla. 3d DCA 2024) (finding order denying motion to dismiss for lack of personal jurisdiction insufficient where trial court failed to include a written analysis of both prongs of Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989)); HJC Corp. v. Gallardo, 338 So. 3d 316, 318 (Fla. 3d DCA 2022) (same); see also BRP-Rotax GmbH & Co KG v. Ciccolini, 405 So. 3d 508, 510 (Fla. 3d DCA 2025) (reversing order denying motion to dismiss for trial court to hold a limited evidentiary hearing to harmonize the competing affidavits). We take no position on the merits of the substantive personal jurisdiction issue.

Reversed and remanded.

Per Curiam.

Warner, Ciklin and Klingensmith, JJ., concur.

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