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Dr.-Ing. H.C.F. Porsche v. the Collection LLC

2026-10-28

Authorities cited

Opinion

majority opinion

Third District Court of Appeal

State of Florida

Opinion filed October 28, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D25-2148

Lower Tribunal No. 22-18640-CA-01

Dr.-Ing. H.C.F. Porsche,

Appellant,

vs.

The Collection LLC,

Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Lisa S. Walsh, Judge.

Dentons US LLP, and Trumon J. Phillip; and DLA Piper LLP, and Janelly Crespo, for appellant.

Kula & Associates, P.A., and Elliot B. Kula and William D. Mueller, and Burstyn Law PLLC, and Sean A. Burstyn, for appellee.

Before LINDSEY, MILLER and REBULL, JJ.

PER CURIAM.

Affirmed. See Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 592 U.S.

351, 352 (2021) (“To be subject to . . . [specific] jurisdiction, the defendant

must take ‘some act by which [it] purposefully avails itself of the privilege of

conducting activities within the forum State.’ And the plaintiff's claims ‘must

arise out of or relate to the defendant's contacts’ with the forum.” (citations

omitted)); Mazda Motor Corp. v. Triche, 365 So. 3d 403, 411 (Fla. 3d DCA

2023) (affirming exercise of specific jurisdiction over a Japanese foreign

automobile manufacturer, Mazda Japan, finding it targeted Florida by

“designing vehicles for, shipping vehicles to,” and ordering recalls for its

vehicles owned in Florida: “If not Florida, what market were these actions of

Mazda Japan intended to reach?”); see also Machtinger v. Inertial Airline

Servs., Inc., 937 So. 2d 730, 736 (Fla. 3d DCA 2006) (“Directing a conspiracy

toward Florida establishes sufficient minimum contacts to satisfy due

process.”); Mazda Motor Corp., 365 So. 3d at 414 (holding the exercise of

specific jurisdiction over Mazda Japan comported with traditional notions of

fair play and substantial justice, reasoning: “[O]nce it is established that the

non-resident defendant purposefully availed itself of the market (and

therefore the laws) of a State, the interest of the State to oversee the safety

of its residents within the State is obvious and compelling”).

LINDSEY and MILLER, JJ., concur.

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Dr.-Ing. H.C.F. Porsche v. The Collection LLC

3D2025-2148

Rebull, J., concurring.

I unreservedly join the affirmance of the learned trial judge’s decision

to deny Porsche AG’s motion(s) to dismiss for lack of personal jurisdiction. I

write separately to briefly address its contention that the trial court erred in

failing to hold an evidentiary hearing.

This is what Porsche AG wrote in a footnote in its reply in support of its

motion to dismiss the second amended complaint for lack of personal jurisdiction:

Even if The Collection had found some evidence to cite, that

would not create personal jurisdiction: At most, it would warrant

an evidentiary hearing so that the Court could resolve the competing evidence. See Estes v. Rodin, 259 So. 3d 183, 198 (Fla.

3d DCA 2018) ("If the material facts alleged in the opposing affidavits conflict with one another, the trial court is required to hold

an evidentiary hearing to resolve the jurisdictional issue."). Fortunately, the Court need not waste its time with such a hearing

given The Collection’s failure of proof. Id. at 190 (where affidavits

"can be harmonized," no evidentiary hearing is needed).

(emphasis added).

There is no reasonable contextual reading of this as anything other

than a waiver by Porsche AG of its right to an evidentiary hearing. It rolled

the dice and decided that it could win “on the papers,” and that no evidentiary

hearing was necessary. Moreover, an argument only made in a footnote is

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legally insufficient. Cf. Dixon v. Brown, 423 So. 3d 963, 970 (Fla. 1st DCA

2025); Shobola v. Shobola, 355 So. 3d 458, 462 (Fla. 2d DCA 2022). “Proper

preservation requires the following three steps from a party: (1) a timely, contemporaneous objection; (2) a legal ground for the objection and; (3) in order

for an argument to be cognizable on appeal, it must be the specific contention asserted as legal ground for the objection, exception, or motion below.”

State v. Johnson, 295 So. 3d 710, 714 (Fla. 2020) (emphasis added) (internal

quotations and citations omitted). Beyond the footnote in the motion, the necessity of an evidentiary hearing before the trial court made any factual findings adverse to Porsche AG did not come up at all in the transcript of the

hearing held on the motion on September 8, 2025.

Had Porsche AG wished to put The Collection to its proof and require

it to prove its jurisdictional facts with admissible evidence, it should have expressly and clearly argued that to the trial court. At an evidentiary hearing, a

plaintiff must prove jurisdiction by a preponderance of the evidence. See

Stonepeak Partners, LP v. Tall Tower Capital, LLC, 231 So. 3d 548, 552 (Fla.

2d DCA 2017); see also AcryliCon USA, LLC v. Silikal GmbH, 985 F.3d 1350,

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1364 (11th Cir. 2021).1 Porsche AG did not elect to do that in this case. For

this additional reason, I concur that the decision below is properly affirmed.

1

In the Federal system, trial courts are permitted to defer resolving the factual dispute where the jurisdictional facts are “intertwined” or “overlap” with the merits of the dispute. See Grayson v. Anderson, 816 F.3d 262, 268 (4th Cir. 2016) (citing Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir.1982) (noting that, “where the jurisdictional facts are intertwined with the facts central to the merits of the dispute,” deferring resolution of that factual dispute to a proceeding on the merits “is the better view”); see also Welt Indus., Inc. v. Weingart, Inc., 660 F. Supp. 424, 425 (N.D. Ga. 1987). While the Florida rules of civil procedure are patterned after the Federal rules (and more so now than ever), it does not appear that this deferral is an option for trial judges under the Venetian Salami framework. Although understandably less desirable, a defendant does have an option, however, to raise “lack of jurisdiction over the person’ as an affirmative defense in a responsive pleading – and not by motion – and save the issue for trial or summary judgment. See Fla. R. Civ. P. 1.140(b) (noting that at the pleader’s option lack of personal jurisdiction may be asserted by motion or in the responsive pleading).

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