SHEARER, SARA HART a/k/a SARACATE, and ANASTASIA MARSTON,
Appellees.
On appeal from the Circuit Court for Duval County.Robert Michael Dees, Judge.
Jesse A. Haskins, of J. Haskins Law, P.A., Savannah, Georgia,for Appellant.
Elizabeth Brennan, of Elizabeth Brennan Law Firm, PLLC,Ponte Vedra Beach, for Appellee, Jessie Pridemore.
No Appearance for Remaining Appellees.
June 19, 2026
PER CURIAM.
This is an appeal from a final order dismissing DeFreest’sdefamation action against Pridemore for lack of personal
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2jurisdiction. DeFreest correctly asserts that he pleaded sufficientjurisdictional facts, unrebutted by sworn proof from Pridemore,that Pridemore committed defamation in Florida for purposes ofFlorida’s long-arm statute. Specifically, DeFreest, a Floridaresident, alleged that Pridemore made defamatory statementsabout him by posting those statements on a website and that thosedefamatory statements were accessed by a third party in Florida.See Estes v. Rodin, 259 So. 3d 183, 192 (Fla. 3d DCA 2018) (holdingthat plaintiff’s claim that defamatory statements posted bynonresident defendants in a closed group on a social media websitewere accessed by third parties in Florida was sufficient to establishlong-arm jurisdiction over nonresident defendants for purposes ofa motion to dismiss).Because the issue of whether Pridemore has sufficientminimum contacts with Florida to establish personal jurisdictionfor due process purposes was not raised or argued below, it will notbe addressed for the first time on appeal insofar as it might requirea hearing and factual findings by the trial court. See Biose v.Orasan, 379 So. 3d 1190, 1196 (Fla. 4th DCA 2024); Teva Pharm.Indus. v. Ruiz, 181 So. 3d 513, 522 (Fla. 2d DCA 2015); B.C.S.,S.r.l. v. Wise, 910 So. 2d 871, 874 (Fla. 5th DCA 2005); Andersonv. Raymond James & Assocs., Inc., 583 So. 2d 1124 (Fla. 4th DCA1991). Accordingly, we reverse and remand for furtherproceedings.REVERSED and REMANDED. JAY, C.J., and MAKAR and WALLIS, JJ., concur._____________________________Not final until disposition of any timely andauthorized motion under Fla. R. App. P. 9.330 or9.331._____________________________
Opinion text and original PDF from Florida Fifth District Court of Appeal · Source opinion