Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1973–2026 · leading case:
Mead v. HS76 Milton, LLC, 102 So. 3d 682 (Fla. 1st DCA 2012).
Mead v. HS76 Milton, LLC, 102 So. 3d 682 (Fla. 1st DCA 2012).
· cites it 8× “However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a limited liability company, and the default should not have been vacated as the appellant established proper service.”
Boatfloat® LLC v. Golia, 915 So. 2d 288 (Fla. 4th DCA 2005).
· cites it 9× “That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
H & F TIRES, LP v. D. Gladis Co., Inc., 981 So. 2d 647 (Fla. 4th DCA 2008).
· cites it 6× “§ 48.061(3), Fla. Stat. (2002). Gladis's counsel testified that he did not serve the Secretary of State because H & F had failed to register as required under section 620.”
Bay City Mgmt., Inc. v. Henderson, 531 So. 2d 1013 (Fla. 1st DCA 1988).
· cites it 5× “Plaintiff's counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes" in which he referred to the issuance of this process and recited that copies thereof and the complaint were mailed to each of the appellants.”
1321 Whitfield, LLC v. Silverman, 67 So. 3d 435 (Fla. 2d DCA 2011).
· cites it 4× “) Whitfield argues that the language providing for service of process by publication upon any “other legal entity” excludes limited liability companies and partnerships.”
Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C., 79 So. 3d 67 (Fla. 1st DCA 2011).
· cites it 7× “” The subcontractor then served an alias summons on the Secretary of State, asserting in a letter that, pursuant to section 48.061, Florida Statutes, “[w]e previously attempted service on the Registered Agent listed and it is now a vacant building and we are unable to serve them…”
In re Grant, 110 F.R.D. 528 (S.D. Fla. 1986).
· cites it 2× “See, Fla.Stat. § 48.061 (West 1969). This court agrees that class certification is proper.”
COUNTRY CLUBS, ETC v. Zaun Equip., Inc., 350 So. 2d 539 (Fla. 1st DCA 1977).
· cites it 2× “Appellant contends that FCC at the time of service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061, Florida Statutes, does not permit process against a limited partnership by service on the resident agent of a former corporate…”
818 Asset Mgmt., Inc. v. Neiman, 22 So. 3d 659 (Fla. 3d DCA 2009).
· cites it 4× “061(2), Florida Statutes (2007), governing service of process on partnerships provides that where "service cannot be made on [a partnership] agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable…”
Baker v. Petway, 740 So. 2d 1235 (Fla. 1st DCA 1999).
· cites it 5× “Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides in pertinent part: (2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate…”
In Re Amendments to Rules of Civ. Proc., 536 So. 2d 974 (Fla. 1988).
“The former, general summons form is to be used for all other service by summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 (service on agents of nonresidents doing business in the state), § 48.”
Cortez Dev. Co. v. New York Capital Grp., Inc., 401 So. 2d 1163 (Fla. 3d DCA 1981).
“NOTES [1] Section 48.061(3) provides that "[p]rocess against a foreign limited partnership shall be served on any general partner found in the state.”
— 48.061(1) — 4 cases
Mead v. HS76 Milton, LLC, 102 So. 3d 682 (Fla. 1st DCA 2012).
“However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain to a limited liability company, and the default should not have been vacated as the appellant established proper service.”
Boatfloat® LLC v. Golia, 915 So. 2d 288 (Fla. 4th DCA 2005).
“That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
— 48.061(2) — 9 cases
818 Asset Mgmt., Inc. v. Neiman, 22 So. 3d 659 (Fla. 3d DCA 2009).
“061(2), Florida Statutes (2007), governing service of process on partnerships provides that where "service cannot be made on [a partnership] agent because of failure to maintain such an agent or because the agent cannot be found or served with the exercise of reasonable…”
Boatfloat® LLC v. Golia, 915 So. 2d 288 (Fla. 4th DCA 2005).
“That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership.”
COUNTRY CLUBS, ETC v. Zaun Equip., Inc., 350 So. 2d 539 (Fla. 1st DCA 1977).
“Appellant contends that FCC at the time of service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061, Florida Statutes, does not permit process against a limited partnership by service on the resident agent of a former corporate…”
Baker v. Petway, 740 So. 2d 1235 (Fla. 1st DCA 1999).
“Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides in pertinent part: (2) Process against a domestic limited partnership may be served on any general partner or on the agent for service of process specified in its certificate…”
— 48.061(3) — 6 cases
H & F TIRES, LP v. D. Gladis Co., Inc., 981 So. 2d 647 (Fla. 4th DCA 2008).
“§ 48.061(3), Fla. Stat. (2002). Gladis's counsel testified that he did not serve the Secretary of State because H & F had failed to register as required under section 620.”
Bay City Mgmt., Inc. v. Henderson, 531 So. 2d 1013 (Fla. 1st DCA 1988).
“Plaintiff's counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes" in which he referred to the issuance of this process and recited that copies thereof and the complaint were mailed to each of the appellants.”
Cortez Dev. Co. v. New York Capital Grp., Inc., 401 So. 2d 1163 (Fla. 3d DCA 1981).
“NOTES [1] Section 48.061(3) provides that "[p]rocess against a foreign limited partnership shall be served on any general partner found in the state.”
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