Florida/Georgia Personal Injury & Workers Compensation

....183 (service of process in action for possession of residential premises), and § 48.194 (personal service outside the state). 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), § 48.081 (service on corporation), § 48.101 (service on dissolved corporations), § 48.111 (service on public agencies or officers), § 4...

...e paper that went over Mr. Salsman's desk was the writ of garnishment or the final judgment in garnishment. 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 general partner. § 48.061(2) provides: *542 "Process against a domestic limited partnership shall be served on any general partner and is as valid as if served on each individual member thereof....

...who, according to Cortez's Declaration of Condominium recorded in 1979 in the public records of Hillsborough County, Florida, was a vice president of Towne Management, Inc. Facially, the service of process comported with the requirements of Sections 48.061(3) and 48.081, Florida Statutes (1979)....

...Instead, the letter was marked "REFUSED," which, combined with evidence pointing to Rosenberg being at the address to which the letter was sent and the prior abortive service upon him, supports the inference that the return of the letter is chargeable to him. Affirmed. 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......

...in their individual capacities. In denying the motion to set aside defaults, the trial court found that Henderson had obtained valid service of process upon appellants. Henderson attempted to effect service of process upon appellants under sections 48.061(3) and 48.071, Florida Statutes (1985)....

...subject to personal jurisdiction within Florida, constituted service upon the partnership, but not upon the general partners. Under the circumstances present here — no general partner in Florida — Henderson could not benefit from the provision in section 48.061(3) that service upon a general partner found within this state "is as valid as if served on each individual member of the partnership." Further, Henderson's attempt to invoke the provisions of section 48.071 are to no avail, for two reasons....

...For example, have appellants, by their conduct, only subjected themselves to a potential judgment against them as partners that is to be limited to their partnership assets (which appears to be all that was sought by plaintiff when one reads the complaint, the summons, and the affidavit of compliance with section 48.061 referred to above), or have appellants now become subject to an in personam judgment that can reach all of their personal assets to satisfy a partnership debt? Certainly, the trial court's jurisdiction over each appellant cannot exceed that contemplated by the summons and process issued by the clerk....

...Maison DeVille, Ltd., et al, Defendant," commands the sheriff "to serve this Summons and a copy of the Complaint in the above styled cause upon the defendant Maison DeVille, Ltd. c/o Mrs. Angela Barrows, Resident Manager, Maison DeVille Apartments, 4805 North 9th Avenue, Pensacola, Florida 32503." (emphasis supplied). [3] Section 48.061(3) provides: (3) Process against a foreign limited partnership shall be served on any general partner found in the state and is as valid as if served on each individual member of the partnership....

...further time as the court may allow. [1] The summons was addressed only to "MAISON DeVILLE, LTD. c/o Mrs. Angela Barrows"; it contained no reference to either of the appellants. 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....

CLARK, J. The appellant challenges an order by which the trial court vacated a default judgment, finding that service of process was not properly made. 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....

...The appellant filed a lawsuit against the appellee, a limited liability company for which service of process is authorized under section 608.463(l)(a), Florida Statutes, to be made “[i]n accordance with chapter 48 or 49, as if the limited liability company were a partnership.” The appellant made service pursuant to section 48.061(1), Florida Statutes, which states that: Process against a partnership shall be served on any partner and is as valid as if served on each individual partner....

...After a January 2011 bench trial, the court entered judgment for the appellant. The appellee later moved to vacate that judgment, asserting that there was no proper service of process. In granting the appellee’s motion and vacating the judgment, the court ruled that section 48.061(1) requires an attempt to serve a partner, and that the appellant’s attempt to serve Mr. Yang did not comply with that requirement. Although section 48.061(1) does refer to service on a partner, and statutes governing service of process are to be strictly construed, see York Communications, Inc. v. Furst Group, Inc., 724 So.2d 678 (Fla. 4th DCA 1999), limited liability companies do not have partners and section 608.463(l)(a) allows service under section 48.061(1) “as if the limited liability company were a partnership.” Limited liability companies have members rather than partners, see section 608.402(21), Florida Statutes, and Mr. Yang was the sole member of the limited liability company in this case. The attempt to serve Mr. Yang complied with the requirements for service under sections 608.463(l)(a) and 48.061(1), “as if the limited liability company were a partnership.” The trial court also ruled that section 48.061(1) requires a second visit to the *684 place of business before serving “the person in charge.” The court found that proper service was therefore not made when process was served on the manager during the process server’s only visit, when Mr....

...That does not accord with the plain language of the statute, which does not require a second attempt and which allows service on the person in charge after one attempt to serve Mr. Yang, which was done in this case. Because the appellant established proper service under sections 608.463(l)(a) and 48.061(1), the default judgment should not have been vacated and the appealed order is reversed....

...vidual partners must be before the court to permit these plaintiffs access to personal assets. Detrio v. United States, 264 F.2d 658 (5th Cir.1958); Fidelity and Casualty Company of New York v. Homen, 116 So.2d 444 (Fla. 2d DCA 1959). See, Fla.Stat. § 48.061 (West 1969)....

...property the subject of the instant litigation," (2) "failed to make any registration of its business activities with the Florida Department of State," (3) "was properly served with service of process in this case pursuant to the provisions of F.S. § 48.061(3) and F.S. § 48.071," and (4) "failed to present any evidence of excusable neglect or promptly moving [sic] to set aside the default once it was discovered." H & F contends that the trial court erred in finding service proper under both section 48.061(3) and section 48.071, Florida Statutes (2002). We agree. "[T]he standard of review for an order denying a motion to vacate a default judgment is abuse of discretion." Top Dollar Pawn Too, Inc. v. King, 861 So.2d 1264, 1265 (Fla. 4th DCA 2003). Section 48.061(3) provides: Process against a foreign limited partnership may be served on any general partner found in the state or on any agent for service of process specified in its application for registration and is as valid as if served on each individual member of the partnership....

...rved with the exercise of reasonable diligence, service of process may be effected by service upon the Secretary of State as agent of the limited partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21. § 48.061(3), Fla....

...Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ. SCHWARTZ, Chief Judge. The default judgment under review is reversed because, as is admitted, service of process was improperly effected upon a person who was not designated as a representative of the appellant partnership as required by section 48.061(3), Florida Statutes (1987)....

...he statute's silence, service on the Secretary of State is proper. Section 608.463 provides that service of process on a limited liability company should be completed as if the limited liability company were a partnership. That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process on a partnership. The first section of this statute applies to partnerships, while the other two sections discuss service of process on other types of partnerships, a domestic limited partnership and a foreign limited partnership. Id. Section 48.061(1) provides that service of process on a partnership should be completed on a partner or if a partner is not available during regular business hours, he or she may designate an employee to accept service....

...imited liability company, does not have regular business hours open to the public. While we recognize the challenge Golia faced, we cannot read into the statute an alternative method of service of process. Golia urges us to look to subsection two of section 48.061 which discusses how service of process must be completed on a domestic limited partnership. This section provides that in certain situations service upon the Secretary of State is proper as the agent of the limited domestic partnership. § 48.061(2), Fla. Stat. While this is tempting, the language of the applicable statutory section on limited liability companies indicates looking to section two of section 48.061 would not be a prudent choice....

...Section 608.463 provides service of process against a limited liability company may be served "[i]n accordance with chapter 48 or chapter 49, as if the limited liability company was a partnership." § 608.463(1)(a), Fla. Stat. While the reference to chapter 48 may lead one to believe looking to section two of section 48.061 is permissible, the last clause of the statute limits the reference to chapter 48. This limitation, "as if the limited liability company was a partnership" leads this court to determine that section 608.463 does not give the trial court free reign to look at any section of section 48.061 it chooses. Instead, section 608.463 limits the sections of 48.061 the trial court may look to, only that which applies to partnerships, not limited partnerships....

...The Sheriff's Return of Service dated February 22, 2006, stated that "after diligent search and inquiry," the registered agent—Jacqueline McPhillips—could not be found, and included the comment, "vacant bldg." 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 at that address....

...State had complied with the law in serving the alias summons, and that Twin Oaks did not exercise due diligence and thus failed to show excusable neglect in failing to update the address of its registered agent with the Secretary of State. Sections 48.061 and 620.1117, Florida Statutes (2007), each authorized substituted service on the Secretary of State following failure of personal service on a limited partnership. Section 48.061(2) stated: "If a general partner cannot be found in this state and service cannot be made on an agent ......

...48.181." Section 620.1117(2) authorized service on the Secretary of State if the "registered agent cannot with reasonable diligence be found at the address of the registered office." We reject the subcontractor's claim that section 620.1117 alone applies in this case rather than section 48.061, and that section 620.1117(2) requires only the exercise of reasonable diligence to serve the registered agent at its listed registered office....

...The subcontractor contends that section 620.1117 is a specific provision addressing the procedure for serving process on limited partnerships and thus controls in this case. Section 620.1117 is entitled "service of process" and is found in Chapter 620, which addresses "partnership laws." Section 48.061 is entitled "service on partnerships and limited partnerships," and is found in Chapter 48 which deals with "process and service of process." Neither provision is more specific than the other for the purpose of applying the maxim that...

...o "adopt an interpretation that harmonizes the laws, for the Legislature is presumed to have intended that both laws are to operate coextensively and have the fullest possible effect." Id. With regard to the relationship between section 620.1117 and 48.061, "related statutory provisions must be read as a cohesive whole," and "a statutory provision will not be construed in such a way that it renders meaningless or absurd any other statutory Jprovision." Id. See, e.g., 1321 Whitfield, LLC v. Silverman, 67 So.3d 435 (Fla. 2d DCA 2011) (rejecting defendant's argument that the more specific service provision of section 48.061 controlled over section 49.021, instead pointing out that the courts are required to reconcile seemingly disparate provisions unless there is a "hopeless inconsistency"). Moreover, the subcontractor expressly informed the Secretary of State that it was proceeding pursuant to section 48.061, enclosing the $8.75 fee required by that statute, saying: "we previously attempted service on the Registered Agent listed and it is now a vacant building and we are unable to serve them at that address....

...upon any “other legal entity” excludes limited liability companies and partnerships. Whitfield relies upon the principle of statutory construction that a specific statute controls over a general statute concerning the same subject, to argue that section 48.061, Florida Statutes (2009), controls over section 49.021, because section 48.061 specifically governs service of process on partnerships....

...defeat the plain language of one of the statutes.’ ” Knowles v. Beverly Enters.-Fla., Inc., 898 So.2d 1, 9 (Fla.2004) *437 (quoting Agency for Health Care Admin. v. In re Estate of Johnson, 743 So.2d 83, 87 (Fla. 3d DCA 1999)). We conclude that section 48.061 can be read in harmony with section 49.021, and the plain language of section 49.021(2) providing for service of process by publication on “any corporation or other legal entity” applies to partnerships and limited liability companies....

...Such a partnership may be subjected to the jurisdiction of Florida courts pursuant to Section 620.49, Florida Statutes, [1] which authorizes substituted service of process upon the Department of State where a general partner cannot be found in Florida. See also Section 48.061(3), Florida Statutes....

...Any foreign or domestic corporation may be properly served within Florida when it has a business office and an officer residing in the state by virtue of § 48.081(5) F.S.A. Therefore, service upon Van Heusden in Melbourne was sufficient also as to the corporation. Likewise, § 48.061(1) F.S.A....

...ts assets. Pinellas County v. Lake Padgett Pines, 333 So.2d 472 (Fla.2d DCA 1976), cert. dismissed, 352 So.2d 172 (Fla. 1977). As a corollary we think it follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061(2), Florida Statutes (1985), would not be barred from enforcing a judgment against partnership assets....

...That section applies to sworn statements where a corporation is a defendant and specifically refers to resident agents. If we follow section 608.463(l)(a), limited liability companies are to be served in accordance with chapter 48 or chapter 49, as if the limited liability company were a partnership. And section 48.061(2), Fla....

...c. v. King, 861 So.2d 1264, 1265 (Fla. 4th DCA 2003))). 818 is a limited liability company which pursuant to section 608.463, Florida Statutes (2007), may be served with process "[i]n accordance with chapter 48 or 49, as if [it] were a partnership." Section 48.061(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...

...rocess and service' of process. Plaintiff-appellees filed a complaint for breach of a partnership agreement against appellant Cooper Plaza, Ltd. and its general partners Leo Marks, Dorthy Marks and Un-isco First Project Corporation, N.V. Pursuant to Section 48.061(2), Florida Statutes (1975) 1 , the sheriff was directed to serve the summons and a copy of the complaint on Cooper Plaza by serving Mr....

...is improper and, accordingly, the order of denial is reversed. Further, we remand the cause to the trial court to temporarily abate the action and grant appellees the right within a reasonable period of time to have the return of service corrected. Reversed and remanded. . “48.061 Service on partnerships sfc sf: sjs sfs sf: sf: “(2) Process against a domestic limited partnership shall be served on any general partner and is as valid as if served on each individual member thereof....

...were never brought into that litigation by service of process. This was correct as a general proposition of partnership law. See Bay City Mgt, Inc. v. Henderson, 531 So.2d 1013, 1015 (Fla. 1st DCA 1988) (plaintiff could not benefit from provision in section 48.061(3), Florida Statutes (1985), that service upon a general partner found in Florida “is as valid as if served on each individual member of the partnership” where general partners were not in and not served in Florida, thus service is...

...vice upon the partnership but not upon the general partners); see also Louis Benito Advertising, Inc. v. Brown, 517 So.2d 775, 776 (Fla. 2d DCA 1988) (service of process on one partner gives court jurisdiction over domestic limited partnership under section 48.061(2), Florida Statutes (1985), and authorizes it to render judgment binding on the partner served and partnership property but judgment will not be effective as personal judgment against a partner not actually served); Brittany Ltd....

...“Jurisdiction over persons or entities is ordinarily acquired by service of process on them, or by their voluntary appearance and submission to the court.” See Manufacturers National Bank of Detroit v. Moons, 659 So.2d 474, 475 (Fla. 4th DCA 1995). 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 s...

...Brown, 517 So.2d at 776 . In Brown , the court noted that since it previously had held that a partnership could sue in its firm name to protect its assets, “it follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061(2), Florida Statutes (1985), would not be barred from enforcing a judgment against partnership assets.” 517 So.2d at 776 ....

...Section 620.8307(1), Florida Statutes, provides: "A partnership may sue and be sued in the name of the partnership.” The effective date of the section was January 1, 1996. See Ch. 95-242, § 13, Laws of Fla. . As appellants in this case note, section 620.30, Florida Statutes (1985), is virtually identical to section 48.061(2).

...ip, which has both Florida resident partners and out-of-state partners. We have jurisdiction to review this non-final order. Fla.R.App.P. 9.130(a)(3)(C)(i). In our view, the defendant Touche Ross & Co. was not properly served in this cause under Section 48.061(1), Florida Statutes (1977), because the Florida resident partners of the defendant herein were served solely as individuals; they were not specifically served as co-partners of all the named members of the defendant New York partnersh...

...796 , 110 So. 354 (1926); Hayman v. Weil, 53 Fla. 127 , 44 So. 176 (1907). Beyond that, we see no constitutional or other legal impediment to maintaining this action against the defendant Touche Ross & Co. providing it is properly served under Section 48.061(1), Florida Statutes (1977), as the action herein clearly arises out of partnership activities performed in this state by the said defendant....