CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1970 Fla. App. LEXIS 6459
Practice § 4896; and 13 Couch on Insurance 2d, § 48.71. In other states similar medical clauses in automobile
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...ises), and §
48.194 (personal service outside the state), Florida Statutes. *1185 The former, general summons form is to be used for all other service by summons, including service under Florida Statutes § 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....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17514
...that the court has jurisdiction. Electro Engineering Products Co. v. Lewis,
352 So.2d 862 (Fla. 1977); Young v. Young,
382 So.2d 355 (Fla. 5th DCA 1980). Tucker's first motion to quash should have been granted whether jurisdiction was claimed under section
48.071 or
48.193 because the record failed to show proper service of process on Tucker under either statute. Section
48.193 requires service by a sheriff in Tucker's state, pursuant to section
48.194. Service under section
48.071 requires proof that copies of the process were sent by registered or certified mail to the defendant. On August 25, 1978, the plaintiff belatedly filed the proof of service pursuant to section
48.071; but has not sought to complete service pursuant to section
48.193....
...ction
48.194. Strict compliance with the steps outlined in the statutes for obtaining personal jurisdiction over non-residents not personally served in this state is required. McAlice v. Kirsch , Parish Mortgage Corporation v. Davis . The "reach" of section
48.071 is considerably "shorter" than section
48.193....
...ss in this state." Process may then be served "on the person who is in charge of any business in which the defendant is engaged within this state at the time of service, including agents soliciting orders for goods, wares, merchandise, or services." § 48.071, Fla....
...The complaint in this case fails to allege that the defendant is engaged in any business *686 in Florida. As such, it was open to jurisdictional attack by the defendant's motion to quash. The defendant further challenged the jurisdictional basis under section 48.071 through Joyce's affidavit denying he was Tucker's agent in charge of Tucker's business at the time of service. The plaintiff's counter proofs completely fail to meet these issues. Because the complaint and the plaintiff's counter proofs fail to establish a prima facie basis for personal jurisdiction over Tucker pursuant to section 48.071, the plaintiff's motion to quash should have been granted....
...NOTES [1] The appellant labeled this pleading a "Motion to Dismiss and Motion to Set Aside Default," but for purposes of this appeal, we ruled that it should be treated as a motion for relief from a final judgment pursuant to Florida Rule of Civil Procedure 1.540(b). [2] Fla.R.App.P. 9.130(a)(3)(C)(i). [3] §§
48.071 and
48.193, Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...or 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), §
48.121 (service on the state), § 48....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1991 WL 43164
...There is no statutory authority, or authority under Rule 1.070, Florida Rules of Civil Procedure, for serving appellant only by certified mail, as was done here. Although service on an individual, as an officer or agent of appellant, might have been sufficient pursuant to section 48.071, Florida Statutes, if such service had been made on behalf of appellant, there is no indication in the record that service was so made....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 99521
...vidual 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)....
...n 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. First, that provision (
48.071) by its terms applies only to service on nonresident natural persons, or nonresident partnerships....
...Tedder,
103 Fla. 1083,
138 So. 643 (1932) cert. denied sub nom. State of Florida ex rel. Woods-Young Co. v. Tedder,
285 U.S. 557,
52 S.Ct. 458,
76 L.Ed. 946 (1932). Since neither Bay City nor Tidewater are natural persons or partnerships, service under section
48.071 (if summons had been issued against Bay City and Tidewater), could have been effective only to bind the partnership, Maison DeVille, Ltd. The second, and more fundamental reason why service of process was not effected under section
48.071 is that no summons was ever issued against either Bay City or Tidewater....
...[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. If no general partner is found in Florida, process may be served as provided in ss.
48.071 and
48.21. Section
48.071 provides: When any natural person or partnership not residing or having his or their principal place of business in this state engages in business in this state, process may be served on the person who is in charge of any business in w...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 23724
...erson residing therein who is fifteen years or older. This does not apply because Dr. Monsour's regular place of abode is in Pennsylvania. Furthermore, Balk did not obtain service by service on an agent of a nonresident doing business in this state. Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business in Florida, but has his principal place of business or residence in another state....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 2116927
...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)....
...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, or process may be served as provided in ss.
48.071 and
48.21....
...ign corporations. §
48.181(1), Fla. Stat. (2002). Thus, Gladis could have served the Secretary of State as H & F's agent, despite H & F's failure to register. Because Gladis assumed that it could not serve the Secretary of State, it proceeded under section
48.071, Florida Statutes (2002), which states: When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on the person who is in charge o...
...or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow. H & F argues that service on Tire Kingdom's manager was improper under section 48.071 because the manager was not a person "in charge of any business in which the defendant is engaged within this state at the time of service." § 48.071, Fla....
...Specifically, H & F contends: "The facts indicate that H & F never visited the property involved, and transacted all of its lease related business with Tire Kingdom's home office located elsewhere in Florida." We agree that service on the Tire Kingdom manager was improper under section 48.071....
...The manager's statement that he was authorized to accept service for H & F did not make it so. Gladis did not present any evidence that the manager was in charge of a business in which H & F was engaged. Moreover, Gladis failed to comply with the last two requirements of section 48.071. Section 48.071 requires in pertinent part that: *651 A copy of such process with a notice of service on the person in charge of such business shall be sent forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow. § 48.071, Fla....
...Gladis's counsel testified that although it was his firm's custom to send certified mail notice, his case file did not contain receipts or return of a certified or registered mailing to H & F, following service on the manager. Thus, there is no proof that Gladis fully complied with section 48.071....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...ortgage Investors, have filed an interlocutory appeal from an order denying their motions to dismiss by which they challenged the substituted service upon them, made by serving a local agent on the theory of their doing business in this state, under § 48.071 Fla....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5311
...Appellants’ motion to dismiss on the ground that personal service on the individual defendants could not be had by service upon the corporation’s resident agent, was denied. Hence this appeal. \¥e have examined the Florida Statutes pertaining to service of process on nonresident individuals, and particularly section
48.071 and section
48.181 and chapter 49, and after examining the record before us, we must conclude that the statutes have not been complied with in effecting service *438 upon the appellants, and their motion to dismiss as to them should have been granted....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5274, 1998 WL 236288
...By orders dated January 29, and May 13, 1997, the trial court quashed two attempts at service of process on Ginsberg. On September 9,1997, Lamour moved for the entry of a default against Ginsberg based on his failure to appear after service on his agent pursuant to section 48.071, Florida Statutes (1995)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 607, 1989 Fla. App. LEXIS 1138, 1989 WL 20705
...by ratifying all that he, our said attorney, or his substitute, shall lawfully do or cause to be done by virtue hereof. Heinz served a summons on Escher, as Gohmann’s attorney-in-fact, pursuant to the provisions for substituted service provided in section 48.071, Florida Statutes. *116 Although the issue is a novel one, we conclude that under the circumstances of this case Escher was an authorized agent for the purpose of accepting service of process in a suit involving Gohmann’s property. Section 48.071, Florida Statutes, is entitled, “Service on agents of nonresidents doing business in the state.” It provides for substitute service when a nonresident defendant engages in business in Florida: When any natural person or partnership...
...forthwith to the nonresident person or partnership by registered or certified mail, return receipt requested. An affidavit of compliance with this section shall be filed before the return day or within such further time as the court may allow. Under 48.071 process may be served on the agent or person who is in charge of any business in which the defendant is engaged within Florida at the time of service....
...Having designated Escher as his attorney-in-fact in Florida for all purposes concerning the property in question, Gohmann should not be surprised if Escher is served with process concerning the property. Gohmann has, in essence, designated Escher as his legal agent. Gohmann contends that section 48.071 requires that the agent of the defendant be served in Florida....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7629, 1992 WL 156889
PER CURIAM. This is an appeal of the lower court’s nonfinal order denying a motion to quash service of process. We reverse, finding that personal jurisdiction over the appellant was not in compliance with the requirements of section 48.071, Florida Statutes. Section 48.071, Florida Statutes, provides in pertinent part as follows: When any natural person or partnership not residing or having his or their principal place of business in this state engages in business in this state, process may be served on...
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7940, 1992 WL 170981
...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 issued to foreign limited partnership pursuant to section 48.071, Florida Statutes (1985), was service upon the partnership but not upon the general partners); see also Louis Benito Advertising, Inc....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 557
...son residing therein who is fifteen years or older. This does not apply because Dr. Monsour’s regular place of abode is in Pennsylvania. Furthermore, Balk did not obtain service by service on an agent of a nonresident doing business in this state. Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business in Florida, but has his principal place of business or residence in another state....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6590
...cealment of assets by defendant-appellant, and requested damages and sequestration, under §
68.03, Fla.Stat., F.S.A. Appellant seeks reversal of the order appealed on the grounds that the service of process made upon appellant’s agent pursuant to §
48.071, Fla.Stat., F.S.A....
...ion of the statutes. Sausman Diversified Investments, Inc. v. Cobbs Co., Fla.App.1968,
208 So.2d 873 . Appellee has not carried his burden of showing that appellant was doing business in Florida so as to make her amenable to service of process under §
48.071, Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14975
service upon this defendant pursuant to Fla.Stat. §
48.071. No other type of process was issued. The proof
