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KCG, INC., as successor to K.C. Wall Products and Ruco Drywall Products, Inc., Appellant, v. Steven BOLIN and Deborah Bolin, his wife, Appellees.

District Court of Appeal of Florida, Fourth District2018-08-08No. No. 4D18-927
250 So. 3d 130

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Opinion

majority opinion

Per Curiam.

We reverse the trial courts denial of appellants motion to dismiss for lack of personal jurisdiction on the authority of Southern Wall Products v. Bolin , Case No. 4D18-875, --- So.3d ----, 2018 WL 3569396 (Fla. 4th DCA July 25, 2018). Both cases arise out of the same underlying case, and the jurisdictional allegations are similar. In this case, Bolin alleged he was exposed to asbestos in materials manufactured by KCG or its predecessor from 1975 to 1977 in Florida. The affidavit filed by a KCG representative stated that it did not have any contacts with Florida prior to 1994. Its predecessor operated a plant in Florida starting in the early 1980s, after Bolins alleged exposure. Bolin offered no evidence of minimum contacts, other than his own use of a product which he identified as distributed or manufactured by KCG in the 1970s. Just as in Southern Wall Products , Bolin failed to satisfy the constitutional minimum contacts for KCG to be subject to jurisdiction in Florida.

We therefore reverse and remand for entry of an order dismissing KCG from the action.

Warner, Levine and Forst, JJ., concur.