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.
The Complaint asserts that Gayer was the alter-ego of Aventura and a point of contact between Easy Fly and Aventura. (Id. at ¶¶ 6, 10.) With respect to Gayer, the Complaint asserts that he is subject to the jurisdiction of this Court pursuant to Florida Statutes §§ 48.071, 48.181, and 48.194. (Id. at ¶ 5.) Furthermore, the Complaint states, "[t]his Complaint arises from Defendants' business activities in Florida." (Id. at ¶ 7.) The Complaint does not contain any other allegations relating to Gayer's connection to Florida or any conduct that occurred in Florida.
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. Stat. (2002). 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 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.
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.
This is a personal injury action in which appellee, Mirielle Lamour, seeks damages on behalf of her son resulting from injuries he sustained when he fell through the railing of an apartment balcony. Ginsberg is alleged to be the owner of the apartment complex. 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). The motion alleged that two different agents had been served, each at a different time. In response, Ginsberg filed a motion to quash service of process, attacking service on the agents. Also, Ginsberg filed a "response to plaintiffs [sic] motion for entry of default" incorporating his affidavit, which asserted that the persons served were not his agents at the time of service. The response referenced the motion to quash in arguing that default was improper. The last paragraph of the response stated that Ginsberg had "meritorious defenses including but not limited to lack of negligence, comparative negligence…
If the allegations in Dr. Monsour's and his son's affidavits are true, Balk did not obtain service on Dr. Monsour. Balk argues that he obtained substituted service by serving Dr. Monsour's son. Section 48.031 (1)(a), Florida Statutes (1995), provides for service of process by delivery to the person at their regular abode with any person 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. Balk failed to follow any of these procedures.
During the course of the original litigation both parties eventually accepted the proposition that Ginsberg could not be required to answer for that portion of the legal fees for which he was jointly liable with the partnerships as their general partner since personal service of process had not been perfected on him in Florida and the partnerships 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 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. v. Brown, 517 So.2d 775, 776 (Fla. 2d DCA 1988) (service of process on one partner gives court jurisdiction over domestic limited partnership…
. . . . § 48.071,” and (4) “failed to present any evidence of excusable neglect or promptly moving [sic] to . . . We agree that service on the Tire Kingdom manager was improper under section 48.071. . . . Moreover, Gladis failed to comply with the last two requirements of section 48.071. . . . Section 48.071 requires in pertinent part that: A copy of such process with a notice of service on the . . . Thus, there is no proof that Gladis fully complied with section 48.071. . . .
. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .
. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .
. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .
. . . default against Ginsberg based on his failure to appear after service on his agent pursuant to section 48.071 . . .
. . . Section 48.071, Florida Statutes (1995), sets forth the procedure for serving someone who does business . . .
. . . for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 . . .
. . . in and not served in Florida, thus service issued to foreign limited partnership pursuant to section 48.071 . . .
. . . by summons, including service under Florida-Statutes § sections 48.061 (service on partnership), §-48.071 . . .
. . . that personal jurisdiction over the appellant was not in compliance with the requirements of section 48.071 . . . Section 48.071, Florida Statutes, provides in pertinent part as follows: When any natural person or partnership . . .
. . . an individual, as an officer or agent of appellant, might have been sufficient pursuant to section 48.071 . . .
. . . Gohmann’s attorney-in-fact, pursuant to the provisions for substituted service provided in section 48.071 . . . Section 48.071, Florida Statutes, is entitled, “Service on agents of nonresidents doing business in the . . . Under 48.071 process may be served on the agent or person who is in charge of any business in which the . . . Gohmann contends that section 48.071 requires that the agent of the defendant be served in Florida. . . .
. . . other service by summons, including service under Florida Statutes § 48.061 (service on partnership), § 48.071 . . .
. . . Henderson attempted to effect service of process upon appellants under sections 48.061(3) and 48.071, . . . 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 . . . Since neither Bay City nor Tidewater are natural persons or partnerships, service under section 48.071 . . . The second, and more fundamental reason why service of process was not effected under section 48.071 . . .
. . . Service under section 48.071 requires proof that copies of the process were sent by registered or certified . . . On August 25, 1978, the plaintiff belatedly filed the proof of service pursuant to section 48.071; but . . . The “reach” of section 48.071 is considerably “shorter” than section 48.193. . . . The defendant further challenged the jurisdictional basis under section 48.071 through Joyce’s affidavit . . . Fla.R.App.P. 9.I30(a)(3)(C)(i). . §§ 48.071 and 48.193, Fla.Stat. (1979). . . . .
. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .
. . . Service of process may be made under §§ 48.071 and 48.21 on limited partnerships.” . . .
. . . . § 48.071. No other type of process was issued. . . .
. . . upon them, made by serving a local agent on the theory of their doing business in this state, under § 48.071 . . .
. . . order appealed on the grounds that the service of process made upon appellant’s agent pursuant to § 48.071 . . . that appellant was doing business in Florida so as to make her amenable to service of process under § 48.071 . . .
. . . Florida Statutes pertaining to service of process on nonresident individuals, and particularly section 48.071 . . .