Intego Software, LLC d/b/a Critical Alert v. Concept Development, Inc.

Because the majority decision conflicts with established Florida and United States Supreme Court precedent, as well as past cases from this and other District Courts, misapplies the liberal amendment of pleadings requirement to what is actually a failure of proof, and incorrectly equates dismissal without ■ leave to amend to dismissal with prejudice, I respectfully dissent.

I. CONTESTING PERSONAL JURISDICTION

There is a two-part test to establish personal jurisdiction. International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). First, a defendant must undertake “some…