final until disposition of timely filed motion for rehearing.
of non-final order from the Circuit Court for the Seventeenth
Judicial Circuit, Broward County; Michael L. Gates, Judge;
L.T. Case No. CACE 16-012458.
Stephanie G. Kolman, J. Thompson Thornton, and Clayton W.
Thornton of Clyde & Co US, LLP, Miami, for appellant.
D. Griffin, Jr. and Juan R. Serrano of Griffin & Serrano,
P.A., Fort Lauderdale, for appellee Spirit Airlines, Inc.
ON MOTION FOR REHEARING, MOTION FOR REHEARING EN BANC
AND REQUEST FOR WRITTEN OPINION
PLC moves for rehearing directed to our opinion affirming the
circuit court's denial of its motion to dismiss for lack
of personal jurisdiction. We agree that the court erred by
denying its motion without holding an evidentiary hearing to
resolve disputed issues of fact. As a result, we grant the
motion for rehearing in part, withdraw our prior opinion, and
substitute this opinion in its place. In our holding, we
reverse the court's order denying the motion to dismiss
and remand for further proceedings.
twenty minutes after Spirit Airlines Flight 165 departed
Dallas/Fort Worth International Airport for
Hartsfield-Jackson Atlanta International Airport, one of the
Airbus A319's engines exploded. Using its other engine,
the A319 safely returned to Dallas without injury to any
passengers or crew.
filed a lawsuit in the Broward County Circuit Court relating
to the explosion, naming Rolls-Royce Corporation, Rolls-Royce
North America, Rolls-Royce, PLC,  IAE International Aero
Engines AG, and Pratt & Whitney, a division of United
Technologies Corporation, as defendants. In its complaint,
Spirit asserted claims of negligence and gross negligence
against the three Rolls-Royce entities, gross negligence
against IAE, and gross negligence against Pratt &
2012, Rolls-Royce performed major repairs and alterations on
the engine at issue, including "removal, inspection and
replacement of various components of the Engine's turbine
as well as a restoration and refurbishment of the
Engine's hot section." After the repairs, the engine
was delivered to Spirit in Fort Lauderdale for
"installation on the number one position-on the left
side-of one of Spirit's Airbus A319, identified as
Aircraft Registration No. N516NK."
also alleged that Rolls-Royce "took a $200 million share
of the Spirit Airlines order of the V2500-model engine,
" stating that this shows Rolls-Royce "actually
participated to the tune of $200 million dollars in the
business component of Spirit's utilizing the V2500 model
engine in its Florida operation."
moved to dismiss for lack of personal jurisdiction. Attached
to the motion to dismiss was an affidavit of Will Morris, the
Chief Counsel, Civil Aerospace, for Rolls-Royce. Within the
affidavit, Mr. Morris stated that Rolls-Royce is organized
under the laws of the United Kingdom, has its principal place
of business in the United Kingdom, and maintains all of its
corporate records in the United Kingdom.
Morris stated that Rolls-Royce did not design, manufacture,
or sell the subject engine; Rolls-Royce is not a shareholder,
member, or participant in IAE, nor a party to any contract
between IAE and Spirit; and Rolls-Royce did no work on the
subject engine or subject aircraft in Florida. Mr. Morris
also stated that IAE and Rolls-Royce entered into an
agreement, to which Spirit was not a party, under which
Rolls-Royce would conduct V2500 engine repairs at
Rolls-Royce's engine repair facility in East Kilbride,
Rolls-Royce's contract with IAE, IAE had Spirit deliver
the subject engine to Rolls-Royce's "East Kilbride
repair facility for a scheduled restoration shop visit."
Mr. Morris stated that any funds Rolls-Royce received for
work done on the subject engine were from IAE and not Spirit.
As for Spirit's allegation that Rolls-Royce "took a
$200 million share of Spirit Airlines order of the
V2500-model engine, " Mr. Morris stated that the
allegation is based on an ...