The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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The former, general summons form is to be used for all other service by summons, including service under sections 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), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.A prerequisite to constructive service of process is the filing of a sworn statement stating that a diligent search for persons sought to be served has been made. See § 49.031, Fla. Stat. (2014). Appellant has cited to the requirements for a diligent search and inquiry for a corporation in section 49.051, Florida Statutes (2014), to show that the Bank did not conduct an adequate search. That section applies to sworn statements where a corporation is a defendant and specifically refers to resident agents. If we follow section 608.463(1)(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. Stat. (2014), provides that process against a domestic limited partnership may be served on any general partner or agent.Broodnox asserts that he properly served Wal-mart pursuant to Florida Statutes §§ 48.021(1) and 48.061(1) (see ECF No. 11 at 1).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(1)(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, seesection 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(1)(a) and 48.061(1), “as if the limited liability company were a partnership.”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(1)(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(1)(a) and 48.061(1), "as if the limited liability company were a partnership."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 when two provisions conflict, the more specific controls over the general regarding the same subject. See Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1273, 1287 (Fla.2000). Indeed, there appears to be no conflict between the provisions, particularly in light of the principle directing courts to “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 provision.” Id. See, e.g., 1321 Whitfield, LLC v. Silverman, 67… 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 when two provisions conflict, the more specific controls over the general regarding the same subject. See Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1273, 1287 (Fla. 2000). Indeed, there appears to be no conflict between the provisions, particularly in light of the principle directing courts to "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 provision." Id. See, e.g.,1321 Whitfield, LLC v. Silverman, 67… Whitfield contends that Silverman's service of process by publication was improper because constructive service of process upon a limited liability company is not permitted. We disagree. Service of process against a limited liability company is governed by section 608.463(1), Florida Statutes (2009). The statute permits service of process “in accordance with chapter 48 or chapter 49, as if the limited liability company were a partnership” or “upon the registered agent at the agent's street address.” Here, service of process was served under chapter 49—specifically, section 49.021(2)—which provides for service of process by publication upon “any corporation or other legal entity ” where personal service of process cannot be effectuated. (Emphasis added.) Whitfield argues that the language providing for service of process by publication 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… 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 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."Pursuant to Florida Statute § 608.463, 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." Fla. Stat. § 608.463(1)(a). Service on a partnership is governed by Florida Statute § 48.061(1), which 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. If a party makes one attempt to serve either a partner or a designated employee to no avail, the party may serve process on "the person in charge of the partnership during regular business hours." Fla. Stat. § 48.061(1); see Boatfloat LLC v. Golia, 915 So.2d 288, 289-90 (Fla.App. 4th DCA 2005) (identifying as a conundrum that there is no provision in the applicable statute that provides a method of service of process where the partnership or limited liability company does not have regular business hours open to the public).. . . And section 48.061(2), Fla. . . .
. . . However, the court misconstrued the requirements of section 48.061(1), Florida Statutes, as they pertain . . . The appellant made service pursuant to section 48.061(1), Florida Statutes, which states that: Process . . . Although section 48.061(1) does refer to service on a partner, and statutes governing service of process . . . Yang complied with the requirements for service under sections 608.463(l)(a) and 48.061(1), “as if the . . . Because the appellant established proper service under sections 608.463(l)(a) and 48.061(1), the default . . .
. . . served an alias summons on the Secretary of State, asserting in a letter that, pursuant to section 48.061 . . . Sections 48.061 and 620.1117, Florida Statutes (2007), each authorized substituted service on the Secretary . . . Section 48.061(2) stated: “If a general partner cannot be found in this state and service cannot be made . . . Section 48.061 is entitled “service on partnerships and limited partnerships,” and is found in Chapter . . . With regard to the relationship between section 620.1117 and 48.061, “related statutory provisions must . . .
. . . 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 . . . We conclude that section 48.061 can be read in harmony with section 49.021, and the plain language of . . .
. . . Section 48.061(2), Florida Statutes (2007), governing service of process on partnerships provides that . . .
. . . . § 48.061(3) and F.S. § 48.071,” and (4) “failed to present any evidence of excusable neglect or promptly . . . H & F contends that the trial court erred in finding service proper under both section 48.061(3) and . . . Section 48.061(3) provides: Process against a foreign limited partnership may be served on any general . . . partnership as provided for in s. 48.181, or process may be served as provided in ss. 48.071 and 48.21. § 48.061 . . .
. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .
. . . That reference takes us to section 48.061, Florida Statutes (2003), which addresses service of process . . . Section 48.061(1) provides that service of process on a partnership should be completed on a partner . . . Golia urges us to look to subsection two of section 48.061 which discusses how service of process must . . . While the reference to chapter 48 may lead one to believe looking to section two of section 48.061 is . . . Instead, section 608.463 limits the sections of 48.061 the trial court may look to, only that which applies . . .
. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .
. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .
. . . Section 48.061, Florida Statutes, governing service on partnerships and limited partnerships, provides . . . follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061 . . . appellants in this case note, section 620.30, Florida Statutes (1985), is virtually identical to section 48.061 . . .
. . . general summons form is to be used for all other service by summons, including service under sections 48.061 . . .
. . . Henderson, 531 So.2d 1013, 1015 (Fla. 1st DCA 1988) (plaintiff could not benefit from provision in section 48.061 . . . of process on one partner gives court jurisdiction over domestic limited partnership under section 48.061 . . .
. . . is to be used for all other service by summons, including service under Florida-Statutes § sections 48.061 . . .
. . . person who was not designated as a representative of the appellant partnership as required by section 48.061 . . .
. . . summons form is to be used for all other service by summons, including service under Florida Statutes § 48.061 . . .
. . . by plaintiff when one reads the complaint, the summons, and the affidavit of compliance with section 48.061 . . . Plaintiffs counsel did, however, file an "Affidavit of Compliance With Section 48.061, Florida Statutes . . . Henderson attempted to effect service of process upon appellants under sections 48.061(3) and 48.071, . . . present here — no general partner in Florida — Henderson could not benefit from the provision in section 48.061 . . . Section 48.061(3) provides: (3) Process against a foreign limited partnership shall be served on any . . .
. . . follows that a plaintiff who sues a partnership and obtains service on a partner as provided in section 48.061 . . .
. . . . § 48.061 (West 1969). This court agrees that class certification is proper. . . .
. . . See also Section 48.061(3), Florida Statutes. . . .
. . . Investors Tax Shel tered Real Estate, Ltd., 838 So.2d 1092 (Fla. 3d DCA 1976); sections 48.061(1), and . . .
. . . Facially, the service of process comported with the requirements of Sections 48.061(3) and 48.081, Florida . . . Section 48.061(3) provides that “[p]rocess against a foreign limited partnership shall be served on any . . .
. . . In our view, the defendant Touche Ross & Co. was not properly served in this cause under Section 48.061 . . . maintaining this action against the defendant Touche Ross & Co. providing it is properly served under Section 48.061 . . .
. . . service of the writ of garnishment was no longer a corporate general partner of appellant and that § 48.061 . . . against a limited partnership by service on the resident agent of a former corporate general partner. § 48.061 . . .
. . . Pursuant to Section 48.061(2), Florida Statutes (1975) , the sheriff was directed to serve the summons . . . Reversed and remanded. . “48.061 Service on partnerships sfc sf: sjs sfs sf: sf: “(2) Process against . . .
. . . . §§ 48.061(1) and 620.30, F.S.A. concerning service of process upon partnerships. . . .