CONNER, J.
Appellants, nonresident limited liability companies, seek review of a non-final order denying their motion to dismiss for lack of personal jurisdiction. We have jurisdiction.
In the case below, following nonpayment of rent, a landlord sued its commercial tenant for eviction and damages for past due rent, joining the appellants as defendants. The appellants were guarantors of the tenant's performance on the lease. The tenant's chief executive officer (CEO) was also CEO for each of the guarantors.
The complaint included the requisite allegations that each guarantor, as a foreign limited liability company, was duly authorized and conducting business in Florida. Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Fla.1989). Consequently, the burden shifted to the guarantors to contest the court's personal jurisdiction over them by filing a motion to dismiss, supported by a legally sufficient affidavit or other sworn proof to contest the complaint's jurisdictional allegations. Id. The guarantors moved to dismiss the complaint alleging lack of personal jurisdiction over them and supported the motion with affidavits, thus shifting the burden to the landlord plaintiff to respond accordingly. The plaintiff responded by filing a transcript of the CEO's deposition. The trial court denied the motion to dismiss after considering the parties' arguments based on the affidavits and deposition, but the trial court did not articulate at the hearing or in its order the reasoning or the findings as to disputed issues of fact regarding the extent of contact each debtor has had with Florida. At the hearing, the court did not entertain any additional testimony or evidence.
In opposing a motion to dismiss for lack of personal jurisdiction, a plaintiff may use sworn statements, including depositions. See Teva Pharm. Indus. v. Ruiz, 181 So.3d 513, 520 (Fla. 2d DCA 2015) (explaining that deposition transcripts submitted by plaintiff refuted the allegations in defendant's affidavit, thereby creating a conflict in the evidence, and thus the trial court was required to hold a limited evidentiary hearing to resolve the disputed issues of fact). As we have previously said, with regards to a motion to dismiss for lack of personal jurisdiction where sworn proof is presented by opposing sides:
Balboa v. Assante, 958 So.2d 573, 575 (Fla. 4th DCA 2007) (alteration in original).
We reverse and remand for the trial court to conduct a limited evidentiary hearing on the issues of personal jurisdiction because the affidavits and deposition, particularly those of the CEO, cannot be reconciled with respect to the extent of
We reverse without discussion as to the other issues argued in this appeal.
Reversed and remanded.
WARNER and MAY, JJ., concur.