CopyCited 172 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 24527
...95 (1945), and no plausible argument to that effect could be made on the facts of this case. Rather the mother argues that she was not served with process in accordance with the requirements of Rule 4 of the Federal Rules of Civil Procedure and Florida's long-arm statute, Fla.Stat.Ann. Sec. 48.194 (West 1983)....
CopyCited 49 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 4051
...uct for use by citizens of this state. These allegations place them within the reach of the Long Arm statute and satisfy the "minimum contacts" required by the federal constitution. We further determine that service of process was proper pursuant to Section
48.194, Florida Statutes (1975), and determine that there is no conflict between that *865 section and Section
48.011, Florida Statutes (1975)....
...nt notice of the legal action brought against him in this state. The fact that our state legislative authority does not extend beyond state borders does not prevent the service of proper notice to non-residents as to suits brought against them here. Section 48.194, Florida Statutes (1975) is constitutional in that it provides a procedure for notifying parties in compliance with the requirements of due process....
...injury. * * * * * * (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state. * * * * * * Section 48.194, Fla....
CopyCited 47 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 332, 1987 Fla. LEXIS 2051
...rida and venue shall be in Palm Beach County, Florida. J.D. filed a complaint in the circuit court of Palm Beach County against McRae and Shephard alleging a breach of the contract, and obtained service of process on McRae in Mississippi pursuant to section 48.194....
CopyCited 40 times | Published | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 13918
...h time as the court allows. The fee paid by the plaintiff to the public officer shall be taxed as cost if he prevails in the action. The public officer shall keep a record of all process served on him showing the day and hour of service. * * * * * * 48.194 Personal service outside state Service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served....
...rmed in this state. (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194....
CopyCited 29 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 87, 1986 Fla. LEXIS 1724
...At this time, however, personal service upon the defendant is the only way to obtain a valid enforceable in personam judgment against him. Section
48.193(1)(g) would submit the defendant in the instant case to the jurisdiction of this court. However, section
48.194, Florida Statutes (1983), authorizes only personal service to be made on persons outside of this state. No showing has been made in this case why the defendant could not have been personally served in New Hampshire pursuant to section
48.194....
...tute. It provides that "[s]ervice of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section [section
48.193] may be made by personally serving the process outside this state, as provided in section
48.194." (Emphasis added)....
CopyCited 25 times | Published | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 15170
...Following a hearing, the court denied the motion to dismiss on lack of jurisdiction and directed Mr. Moore to appear in St. Petersburg for his deposition. We believe that the court properly concluded that jurisdiction over Madax had been obtained under Sections
48.193 and
48.194, Florida Statutes (1975)....
...n this state. *1084 (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194....
...pleadings demands affirmative relief on other causes of action, in which event the plaintiff may assert any cause of action against the defendant, regardless of its basis, by amended pleadings pursuant to the rules of civil procedure. * * * * * *" "48.194 Personal service outside state Service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served....
CopyCited 22 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 104767, 2016 WL 4131283
...Likewise, the Second District Court of Appeal in Florida reached the same conclusion as this Court in Portalp Inti SAS v. Zuloaga,
198 So.3d 669, 670-75 ,
2015 WL 9258496, at *1-4 (Fla. 2d DCA Dec. 18, 2015). There, the court was deciding whether service was proper under Fla. Stat. §
48.194 (1), which provides, in part, that “[s]ervice of process on persons outside the United States may be required to conform to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.” Id....
CopyCited 20 times | Published | Florida 5th District Court of Appeal
...ttorney, the husband contends that the judgment was void for lack of jurisdiction. We agree and reverse. The wife filed a petition for dissolution of marriage [1] and had the husband served *383 with process in North Dakota under sections
48.193 and
48.194, Florida Statutes (1981), Florida's Long Arm Statute....
...The petition for dissolution contains no allegation to show that service of process under the long arm statute is appropriate here. Failure to adequately allege in the complaint a basis for long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194, with the result that there was no in personam jurisdiction over the respondent husband....
...Service under the long-arm statute is effected in the same manner as service within the state, namely by delivering a copy of the petition and the original process to the defendant's usual place of abode and leaving it with any person over age 15. Fla. Stat. §§
48.194 and
48.031 (1981)....
...ong-arm statute) is available, that service shall be used for both the dissolution action and the money demands. In Palmer v. Palmer,
353 So.2d 1271 (Fla. 1st DCA 1978) the court noted that prior to the enactment of section
48.193(1)(e) and (2), and
48.194, a plaintiff had to obtain personal service of process upon a defendant by serving the defendant personally in Florida....
...the same way, viz: (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194....
...uirements pertaining to due process of law. [11] When applicable, and properly perfected, jurisdiction acquired under a long-arm statute can support a money or other in personam judgment. The general Florida long arm statutes are sections
48.193 and
48.194, Florida Statutes....
...632 (1950); Hunter v. Hunter,
359 So.2d 500 (Fla. 4th DCA 1978), rev. den.,
365 So.2d 712 (Fla. 1978). [8] See Palmer v. Palmer,
353 So.2d 1271 (Fla. 1st DCA 1978); Rosen v. Rosen,
306 So.2d 546 (Fla. 3d DCA 1974). [9] Notwithstanding that the title to section
48.194, Florida Statutes, refers to "personal service outside state" and the argument that "personal service" under the long-arm statute is "better" than service of process by publication, service under the long-arm statute is not "personal s...
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 2005 WL 1682740
...Employee Bill Briugka came to gate and signed summons/complaint." On August 17, 2004, Anthony filed a motion to quash service of process. In the motion, Anthony contended that the trial court must quash service of process because the service was not consistent with sections
48.194(1) and
48.031(1)(a), Florida Statutes....
..."Absent strict compliance with the statutes governing service of process, the court lacks personal jurisdiction over the defendant." Sierra Holding v. Inn Keepers Supply,
464 So.2d 652 (Fla. 4th DCA 1985). The Florida statutes applicable for service of process on a non-resident are sections
48.194 and
48.031. Section
48.194(1) provides that "service of process on persons outside this state shall be made in the same manner as service within the state by any officer authorized to serve process in the state where the person is served." Section
48.031(1) sets...
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1594
...ssengers. The accident occurred on the island of Grand Cayman, Cayman Islands, British West Indies, on June 12, 1981. The plaintiffs initially filed suits against AMC and Jeep on April 12, 1983, effecting service of process in the manner provided by section 48.194, Florida Statutes (1981)....
...AMC and Jeep timely moved to dismiss the initial actions for lack of personal jurisdiction over the defendants based upon the lack of connection between the actions and any act or occurrence in Florida. The circuit court denied the motions and, on appeal, this court reversed, holding: Having elected to so proceed [under section
48.194, Florida Statutes (1981)], the plaintiffs were required to plead and prove, which they failed to do, that the cause of action alleged arose from the doing of any of the acts set forth in Section
48.193, Florida Statutes (1981)....
...that activity. §
48.193(2), Fla. Stat. (Supp. 1984) (emphasis supplied) (codifying in part ch. 84-2, § 3, Laws of Fla.). On May 30, 1984, the plaintiffs refiled their actions. [2] The plaintiffs served AMC and Jeep pursuant to sections
48.181 and
48.194, Florida Statutes (1983) (as amended by chapter 84-2, Laws of Florida)....
...John Deere Co.,
264 So.2d 419 (Fla. 1972), the supreme court stated, in answer to a question certified from the United States Court of Appeals, Fifth Circuit,
451 F.2d 234 (5th Cir.1971), that section 48.182, Florida Statutes (1970) (predecessor to sections
48.193 and
48.194), "operates to create a new remedy ......
CopyCited 16 times | Published | District Court, S.D. Florida | 1980 A.M.C. 2006, 1979 U.S. Dist. LEXIS 11102
...48.193(2) wherein it states: Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in F.S. 48.194....
...No order of court is required. An affidavit of the officer shall be filed, stating the time, manner, and place of service. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made. [F.S. § 48.194 (1977)]. *704 Not without difficulty, McGiffin has complied with both F.S. § 48.194 and Fed.R....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...tutes § sections
48.031 (service of process generally), §
48.041 (service on minors), §
48.042 (service on incompetents), §
48.051 (service on state prisoners), §
48.183 (service of process in action for possession of residential premises), and §
48.194 (personal service outside the state), Florida Statutes....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1
...s of the jurisdictional grounds for proceeding against Kimbrough. This court has previously held that failure to adequately allege in the complaint a basis for invoking long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194, Florida Statutes (1983)....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...r his attorney as required by Section
48.161 [4] (including a return receipt of certified or registered mailing) nor was there an appropriate officer's return showing service as alternatively authorized by Section
48.161 or as singularly required by Section
48.194....
...Alternatively, the plaintiff may elect (in lieu of substituted service on the Secretary of State) to proceed by the perfection of personal service on the nonresident defendant and the proof thereof by the appropriate officer's return, all as authorized in
48.193(2) and detailed in
48.194. [5] If jurisdiction of a nonresident is asserted under the provisions of
48.193(1)(g) [breach of a contract within this state] the perfection can only be accomplished by proceeding with personal service upon such nonresident pursuant to Section
48.194....
...rmed in this state. (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194......
...y of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer's return showing service shall be filed on or before the return day of the process... . [5] Section 48.194 Personal Service Outside State....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...Though only Durham was a Florida resident, both men were present at the Bank when the note was executed. When the note became in default, the Bank filed suit and, acting pursuant to a "long arm" statute, Section
48.193, Florida Statutes (1973), served Dilbeck in accordance with Section
48.194, Florida Statutes (1973)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1990 WL 205502
...It did not address venue. This order denying the motions is the subject of the present appeal. Appellant argues that because appellee failed to treat the second amended complaint as the original pleading and effect service of process in accordance with section 48.194, Florida Statutes (1989), the trial court's order denying the motion to quash process should be reversed. Appellee, on the other hand, contends that since the original service of process was not quashed when the trial court dismissed the amended complaint for lack of jurisdiction, the original service of process remained valid. Section 48.194 provides in part that: 48.194 Personal service outside state Service of process on persons outside of this state shall be made in the same manner as service in this state by any officer authorized to serve process in the state where the person is served....
...Co.,
400 So.2d 144, 145 (Fla. 1st DCA 1981). See §
48.193(3). In fact, Florida courts have consistently held that the "[f]ailure to adequately allege in the complaint a basis for long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194......
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2006 WL 435697
...ched an affidavit of due and diligent search, which noted that property tax notices were being sent to the Shepheards at an address in England (which was an old address). Deutsche Bank did not attempt service through registered mail as authorized by section 48.194, Florida Statutes (2003), to any address in England....
...Rotella & Assocs., P.A.,
906 So.2d 1205, 1207 (Fla. 4th DCA 2005). A mortgage holder may serve process by publication in a foreclosure action. See §
49.011, Fla. Stat. (2003). However, it may do so only "[w]here personal service of process or . . . service of process under §
48.194 cannot be had." §
49.021, Fla....
...ce. See Armet S.N.C. di Ferronato Giovanni & Co. v. Hornsby,
744 So.2d 1119, 1120 (Fla. 1st DCA 1999). Additionally, Deutsche Bank could have attempted substitute service of process through registered mail, in strict compliance with the provision of section
48.194 of the Florida Statutes....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1980 Fla. App. LEXIS 17514
...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....
...Tucker told him Tucker was the owner, Joyce was the captain, and Tucker was aware that Dianne Electric was doing repair work on his boat. This status of the record would have been enough to establish jurisdiction over Tucker, under section
48.193(1)(g) had service been accomplished under section
48.194....
...His failure to pay when the work was complete was a breach of contract in this state and the suit clearly arose out of that breach of contract. [4] However the record fails to show that service of process on Tucker was ever accomplished pursuant to section 48.194....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...ome the defendant's affidavit to the contrary. Service of process was also defective under Section
48.193, Florida Statutes (1977) (the Florida "long arm" statute) where the plaintiff failed to personally serve the defendant out of state pursuant to Section
48.194. Although Section
48.193(g) authorizes service upon non-residents who breach a contract required to be performed in this state, the exclusive method of service in such case is provided for in Section
48.194....
...Fink,
365 So.2d 209 (Fla. 3d DCA 1978). With regard to the second issue, I would hold that personal service of process upon the president of the corporation made in Florida is sufficient to give the Florida courts jurisdiction of the foreign corporation. Section
48.194, Florida Statutes (1977), states that "[s]ervice of [p]rocess on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is se...
...Panama would have been sufficient. I would hold that common sense and the intent of the statute is that service within the State of Florida upon the president of the corporation is just as effective as if it was made in Panama. It will be noted that Section 48.194, Florida Statutes (1977), in speaking of service of process, specifies that it is "[s]ervice of [p]rocess on persons outside of this state." The person in this instance is the corporation and not the president....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Sara also attested that she had no ties with or property in the State of Florida, and that while she moved to Florida in September 1978 to accompany her late husband, she returned to Tennessee following his death in July 1979. Sara validly contends that she was erroneously served in Tennessee pursuant to § 48.194, Fla....
...May Bros., *146 Inc.,
372 So.2d 98, 99 (Fla. 2d DCA 1979); P.S.R. Assoc. v. Artcraft-Health,
364 So.2d 855, 857 (Fla. 2d DCA 1978). The failure to adequately allege a basis for long arm jurisdiction under §
48.193, Fla. Stat., voids any service of process made pursuant to §
48.194, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1992 WL 106958
...1st DCA 1986); Mouzon v. Mouzon,
458 So.2d 381 (Fla. 5th DCA 1984). [4] On remand, the husband must amend his petition for dissolution to allege the requisite jurisdictional requirements of section
48.193(1)(e) and the wife must be properly served pursuant to section
48.194 of the Florida Statutes (1991)....
CopyCited 9 times | Published | Supreme Court of Florida
...orida Statutes §
48.031 (service of process generally), §
48.041 (service on minors), §
48.042 (service on incompetents), §
48.051 (service on state prisoners), §
48.183 (service of process in action for possession of residential premises), and §
48.194 (personal service outside the state)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1988 WL 113141
...Since our holding on the first point results in the default judgment being vacated, we do not reach appellants' second issue arguing the merits of appellants' motion to vacate the default. Finally appellants argue that while they are residents of New York and were served there, section 48.194, Florida Statutes (1985), requires that service of process on persons outside of the state of Florida be made in the same manner as service within the state....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...rse party. See, Spearman v. Sterling S.S. Co., Ltd.,
171 F. Supp. 287 (E.D.Pa. 1959), discussed in Pacific Lanes, Inc. v. Bowling Proprietors Ass'n of America, supra,
248 F. Supp. at 348-49. No such disadvantage appears in this case. [7] Pursuant to Section
48.194, Florida Statutes (1979)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 18127
...Section
48.193 authorizes service upon non-residents who engage either in business activities within the state or in other specific conduct, such as the commission of a tort within the state. For service to be effective under Section
48.193, the defendant must be personally served out-of-state pursuant to Section
48.194....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Section
48.193(2) holds that: Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s.
48.194. The service shall have the same effect as if it had been personally served within this state. In turn, Section
48.194 provides: Service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 9 Fla. L. Weekly 2110, 1984 Fla. App. LEXIS 15301
...Air Canada,
445 So.2d 1102 (Fla. 4th DCA 1984); cf. McKelvey v. McKelvey,
323 So.2d 651 (Fla. 3d DCA 1976). Sunshine State Bank's attempt to secure personal jurisdiction over Barrios pursuant to section
48.193(1)(g), Florida Statutes (1983), must satisfy section
48.194, Florida Statutes (1983), [1] and it did not. See P.S.R. Associates v. Artcraft-Heath,
364 So.2d 855 (Fla. 2d DCA 1978). No affidavit or competent evidence showing personal service as statutorily required was submitted. The order under review is accordingly reversed. Reversed. NOTES [1] Section
48.194, Florida Statutes (1983), reads as follows: Personal service outside state....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...ee Stern. Notice of interlocutory appeal to this court was timely filed. We affirm in part and reverse in part. Although the court's order does not reflect the reason for the ruling, based on the fact that defendants were properly served pursuant to section 48.194, Florida Statutes (1979), and actually received a copy of the complaint, the only issue we decide at this time is whether jurisdiction exists....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1285071
...ere. The process server left the papers with the concierge and also mailed a copy to defendant. This procedure is permissible under New York law. Defendant moved to quash service of process on the ground that it does not comply with Florida law. See § 48.194(1), Fla....
...As we have explained, under Babcock the defendant did not waive the objection. III. Turning to the merits, service of process should have been quashed because the New York process server served the complaint on the concierge at the apartment building. The plaintiffs in this case were proceeding under subsection 48.194(1), Florida Statutes, which provides for "service of process on persons outside of this state ......
CopyCited 6 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 14823
...a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Florida Statutes § 48.194 (1979) provides that service on persons outside the state shall be made in the same manner as service on persons within the state "by any officer authorized to serve process in the state where the person is served." Clearly, the Deputy Unit...
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1992 WL 92501
...or by leaving the copies at his usual place of abode with any person residing therein who is fifteen years of age or older and informing the person of their contents. Service of process on persons outside the State of Florida is made in the same manner. § 48.194, Fla....
CopyCited 6 times | Published | District Court, S.D. Florida | 1990 U.S. Dist. LEXIS 17649, 1990 WL 238336
...r, Samuel J. Fountas. Tucker v. Dianne Elec., Inc.,
389 So.2d 683 *355 (Fla.App., 5th Dist.1980), sets forth the method for in personam service method in Florida on a non-resident boat owner defendant, i.e. personal service on the non-resident under §
48.194 of Florida Statutes....
...To be sure, Judge Hastings' order of July 21, 1988 indicates at paragraph 3 that Plaintiff had attempted service by mail on Defendant FOUNTAS in Columbus, Ohio and that "Plaintiff is currently attempting personal service at the owner's last known home address." However, personal service on the non-resident under § 48.194 does not appear in the court file....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 746
...Accordingly, we reverse the order of the trial court and remand this case for reinstatement of the complaint and for further proceedings. CAMPBELL and FRANK, JJ., concur. NOTES [1] Reinitz was personally served with process at his residence in Indiana by an authorized officer pursuant to section 48.194, Florida Statutes (1983).
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2000 WL 227978
...Before GREEN, FLETCHER, and SHEVIN, JJ. PER CURIAM. We grant the appellant's motion for rehearing, withdraw our opinion of December 8, 1999, and substitute the following opinion in its place. The appellant appeals a non-final order quashing service of process made pursuant to section 48.194, Florida Statutes (1997), on the appellees who are permanent residents of Columbia....
...The appellant filed a mortgage foreclosure complaint against the appellees. At the time that the suit was filed, the appellees were residing in Columbia. Thus, the appellant served the appellees via substituted service of process in Columbia pursuant to section 48.194(2), Florida Statutes (1997)....
...Federal Nat'l Mortgage Assoc.,
704 So.2d 1110, 1112 (Fla. 5th DCA 1998); Wyatt v. Haese,
649 So.2d 905, 907 (Fla. 4th DCA 1995); Hobbs v. Don Mealey Chevrolet, Inc.,
642 So.2d 1149, 1155 (Fla. 5th DCA 1994); Pelycado Onroerend Goed B.V. v. Ruthenberg,
635 So.2d 1001, 1003-04 (Fla. 5th DCA 1994). Section
48.194(2)(a) requires, among other things, that the plaintiff serve the defendant, via registered mail, a copy of the original process and complaint. Also, if service of process is made pursuant to section
48.194(2)(a), section
48.194(4) requires an affidavit which must include: ......
...and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. § 48.194(4), Fla....
...B & W Loudspeakers of Am.,
957 F.2d 406, 409 (7th Cir.1992)(holding that "Federal express is not first class mail."); Helmers v. Sortino, 545 N.W.2d 796, 799 (N.D.1996) (holding that "Federal Express delivery is not mail delivery"). Moreover, the mandatory affidavit requirement of section
48.194(4) contemplates that service of process was made by registered mail. Accordingly, since the appellant did not strictly comply with section
48.194, we cannot conclude that the trial court abused its discretion by voiding all judgments, orders and writs entered in this case....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 10840
...jurisdictional grounds for proceeding against [defendant]. *1160 This court has previously held that failure to adequately allege in the complaint a basis for invoking long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194, Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 731400
...Chairs, Inc.,
506 So.2d 7 (Fla. 5th DCA 1987), review denied,
513 So.2d 1060 (Fla.1987), on eleven claimsfour in Florida, three in Texas, two in Louisiana, and one each in California and New York. After the appellees were personally served in Hong Kong pursuant to section
48.194(1), Florida Statutes (1995), [1] they moved to dismiss for lack of personal jurisdiction....
...Continental Ins. Co.,
674 So.2d 86 (Fla.1996); Carenza v. Sun Int'l Hotels, Ltd.,
699 So.2d 830 (Fla. 4th DCA 1997); 15 Charles Alan Wright et al., Federal Practice and Procedure § 3854 (1986). See generally 20 Am.Jur.2d Courts § 138 (1995). Reversed. NOTES [1]
48.194 Personal service outside state. (1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Floyd, Pearson, Stewart, Richman, Greer, Weil & Zack and Larry Stewart and Thomas Meeks, Miami, for appellees. Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ. PER CURIAM. The record before us discloses that the defendants, American Motors Corporation and Jeep Corporation, were served with process in the manner provided in Section 48.194, Florida Statutes (1981), that is, by personally serving them outside the State of Florida....
...our review of the order denying the defendants' motions to dismiss on the ground of lack of jurisdiction over the persons of the defendants is limited to whether the jurisdictional requisites of Section
48.193, necessary predicates to service under Section
48.194, have been met....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 WL 426080
...final judgments), and dismissing for insufficiency of service of process as to both defendants. The purported service on defendant Drucker Construction of Florida, Inc. (DCF) was so lacking in compliance with the requirements of sections
48.101 and
48.194, Florida Statutes (1991), as to render such service void....
...See Craven v. J.M. Fields, Inc.,
226 So.2d 407, 409 (Fla. 4th DCA 1969); Myrick v. Walters,
666 So.2d 249 (Fla. 2d DCA 1996). Although there was an irregularity in the return of service in that the affidavit failed to indicate the manner of service, see §
48.194(1), Fla....
...The return of service of process was not so defective as to amount to "no notice" of the proceedings. See Craven. I disagree with the majority that service on the corporation, Drucker Construction of Florida, Inc. (DCF), was so lacking in compliance with the requirements of sections
48.101 and
48.194 as to render service on the corporation void....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 15398
...da. Under Section
48.193(1)(g)(2), Florida Statutes (1977), service on the defendant herein would only have been good, based on such breach of contract, if the said defendant, unlike this case, had been personally served out of the state pursuant to Section
48.194, Florida Statutes (1977)....
CopyCited 5 times | Published | District Court, S.D. Florida | 18 A.L.R. Fed. 2d 827, 2005 U.S. Dist. LEXIS 3274, 2005 WL 497816
...Under §
48.193(3), "[s]ervice of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in §
48.194." However, pursuant to §
48.194, "[s]ervice of process on persons outside the United States may be required to conform to the provisions of the [Hague Service Convention]." Therefore, regardless of whether CMSA is subject to the jurisdiction of this Court, CMSA must still be served pursuant to the Hague Service Convention....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Appellants Barton were sued in Florida by appellee Keyes Company in an action claiming breach of a contract to pay a real estate commission. The Bartons are residents of the state of Massachusetts; service of process was attempted pursuant to Fla. Stat. § 48.194....
...[1] This amendment alleges that: "On or about July 9, 1973, the KEYS COMPANY learned for the first time from the purchasers' attorney that the purchasers refused to pay the brokerage commission ..." Service upon the non-resident Bartons was attempted under Fla. Stat., §§
48.193 and
48.194, which became effective July 1, 1973....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 794
...Benton,
467 So.2d 1046 (Fla. 1st DCA 1985); Caribe & Panama Investments v. Christensen,
375 So.2d 601 (Fla. 3rd DCA 1979). "Failure to adequately allege in the complaint a basis for long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194, with the result that there ......
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 15631, 2014 WL 4988409
...Cosio,
578 So. 2d 332, 333 (Fla. 3d DCA 1991). Section
48.193(3), Florida Statutes (2013), states that persons outside of Florida
7
who are subject to the jurisdiction of Florida’s courts may be served “as
provided in s.
48.194.” The relevant provision of section
48.194, Florida
Statutes (2013), is subsection (1), which reads, in pertinent part, as
follows: “Service of process on persons outside the United States may be
required to conform to the provisions of the Hague Convention . . . .”
Therefore, even if the Hague Convention were not a self-executing treaty,
section
48.194(1) serves as the legislative pronouncement sufficient for its
implementation as the law in Florida.
Plaintiff’s service of process upon Defendant was valid if it was perfected
prior to November 1, 2013, in accordance with one of the three options
indicated....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 31422448
...ess on prisoners. Section
48.051, Florida Statutes (2000), states that "[p]rocess against a state prisoner shall be served on the prisoner." Because service of process outside of Florida shall be made in the same manner as service within this state, section
48.194(1), Florida Statutes (2000), the process server was required to comply with section
48.051 in order to perfect service....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 14618
...This is an appeal from an order denying a motion to set aside a default judgment. The appellee filed a two-count complaint for damages against appellant upon theories of open account and account stated. Appellee then tried to have the appellant personally served within the State of Illinois pursuant to Section 48.194, Florida Statutes (1977)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 390360
...The Defendant is not, nor has he ever been a resident of Dade County, Florida. At all times material he was and is a resident of South Carolina. 3) Failure to adequately allege in the Complaint a basis for invoking long-arm jurisdiction under F.S.
48.193 voids any service of process made pursuant to F.S.
48.194....
...ent of F.S.
48.193. Language which could arguably be amended to allege one of the specifically enumerated acts subjecting a person to jurisdiction of Courts through the State under F.S.
48.193, is not a sufficient basis to effectuate service under F.S.
48.194....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...within this state. (2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state. Section 48.194 provides: Personal service outside state....
...An affidavit of the officer shall be filed, stating the time, manner and place of service. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made. Appellant was apparently served in accordance with section 48.194....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...of marriage. ..... "(2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194....
...The service shall have the same effect as if it had been personally served within this state. ..... "(4) Nothing contained in this section shall limit or affect the right to serve any process in any other manner now or hereinafter provided by law. "48.194 Personal service outside state....
...An affidavit of the officer shall be filed, stating the time, manner, and place of service. The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made." Prior to the enactment of Sections
48.193(1)(e) and (2), and
48.194, a plaintiff had to obtain personal service of process upon a defendant by serving the defendant personally in Florida....
...By this service plaintiff achieved in personam jurisdiction. Where personal service was impossible the only alternative open to plaintiff was to obtain service of process by publication. This service achieved only in rem jurisdiction. Since the enactment of Sections
48.193(1)(e) and (2), and
48.194, a plaintiff has another alternative....
...In a dissolution of marriage action which seeks alimony, child support or division of property, a defendant, who maintains a matrimonial domicile in this state or resides in this state preceding the commencement of the action, whether cohabiting or not, may be personally served with process outside this state as provided in Section 48.194....
...she may serve a defendant. Section
48.193(4). The method selected by a plaintiff depends upon the alternative available and the option of the plaintiff. In this case the wife had two alternatives available, personal service under Sections
48.193 and
48.194 or service by publication under Section
49.021, Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 497232
...vacate default, abate or dismiss action for lack of personal jurisdiction under sections
48.181 and
48.193, Florida Statutes (1993), Florida's long arm statute, as well as quash service of process for failure to comply with the process provisions of section
48.194, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2006 WL 664227
...The statutes governing service by publication in Florida are contained in sections
49.021-.041, Florida Statutes. Service by publication may be used only when alternative service cannot be effected. See Helbig v. Schneider,
686 So.2d 742 (Fla. 2d DCA 1997). Section
48.194, Florida Statutes, which is entitled "Personal service outside state," provides: (1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this state...
...(2) Where in rem or quasi in rem relief is sought in a foreclosure proceeding as defined by s.
702.09, service of process on a person outside of this state where the address of the person to be served is known may be made by registered mail.... Id. Godsell argues that service under section
48.194(2) could have been had, so that constructive service was not permitted because of the failure to make a diligent effort to obtain her Canadian address and serve her by mail there, or even to serve her by mail at her "known" address on Applegate Drive....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The motion to quash service of process should have been granted upon ground (1). We note also that the record does not contain an affidavit of the officer who made service in Wisconsin. This affidavit is a jurisdictional requisite for substituted service pursuant to Section
48.193(2), Florida Statutes (1975). See Section
48.194, Florida Statutes (1975)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...1, 1980, to March 31, 1981, and for June and July, 1981. The lease contract and Gutterman's assignment and assumption thereof were attached to the complaint. Gutterman, a New Jersey partnership, was served *1217 personally in New Jersey pursuant to Section 48.194, Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
....193(1)(f)], occurred within the State of Florida, see Colhoun v. Greyhound Lines, Inc.,
265 So.2d 18 (Fla. 1972); April Industries, Inc. v. Levy,
411 So.2d 303 (Fla. 3d DCA 1982), and (b) Firestone was not personally served with process pursuant to section
48.194 as required to confer jurisdiction under section
48.193, Underwood v....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1001, 1985 Fla. App. LEXIS 13537
...On April 15, 1983, appellee was injured while riding in an automobile owned by one Plotts. After unsuccessfully seeking PIP benefits from both Plotts' insurer and Tennessee Farmers, appellee filed the instant action against both companies. Service of process on Tennessee Farmers was accomplished under section 48.194, Florida Statutes, through a public officer of Tennessee....
...is is insufficient to bring the case within the statute. See Drake v. Scharlau,
353 So.2d 961 (Fla. 2d DCA 1978); Parliament Life Ins. Co. v. Eglin National Bank,
333 So.2d 517 (Fla. 1st DCA 1976). Instead, appellee proceeded to effect service under section
48.194, Florida Statutes, [3] but it is clear that Tennessee Farmers lacks the requisite minimum contacts with this state to subject it to the jurisdiction of our courts....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...3d DCA 1962); and (3) Bluestone's reliance on several provisions of Section
48.193, Florida Statutes (1979), to show jurisdiction is unavailing since (a) a party invoking this long-arm statute must effect personal service upon the defendant pursuant to Section
48.194, Florida Statutes (1979), Bradford White Corp....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...h alias summonses issued under Florida Rule of Civil Procedure 1.070(b). The Florida long-arm statute, section
48.193(1)(b), Florida Statutes (1981), confers jurisdiction of Florida courts over one who commits a tortious act within this state. Under section
48.194, Florida Statutes (1981), personal service of process must be perfected upon nonresidents subject to Florida's long-arm jurisdiction....
...tate of Florida. Appellee attempted to serve Nettles by having the sheriff of Cook County, Illinois, deliver the alias summons and a copy of the complaint to any person residing at Nettles' usual place of abode who was fifteen years of age or older. § 48.194, Fla....
...2d DCA 1976). We should note that appellee did not try to obtain jurisdiction by serving the Insurance Commissioner as agent for service of process. The trial court also erred in failing to quash service of process on appellant Incorporated Carriers, Ltd. Section 48.194 requires that the foreign officer serving process on an out-of-state defendant file an affidavit stating the time, manner, and place of service....
CopyCited 2 times | Published | District Court, M.D. Florida | 1988 U.S. Dist. LEXIS 12853, 1988 WL 122512
...a as to Defendant in order to satisfy due process. The second allegation of the motion to dismiss is that Plaintiff has failed to obtain appropriate personal service on Defendant. The appropriate statute governing service of process in this cause is Section 48.194, Fla.Stat., which provides for service on: a....
...Exhibit C to the response to the motion to dismiss is a return of service from the Sheriff of Summit County, Ohio. The return of service states service was accomplished by serving the complaint on Peter J. Hlavin, Vice-President, on August 10, 1988. Plaintiff having now complied with Section 48.194, Fla.Stat., the Court denies the motion to dismiss as to this issue....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 7916, 2016 WL 3001138
...2d
DCA December 18, 2015).
ANALYSIS
Under Florida law, “[s]ervice of process on persons outside the United
States may be required to conform to the provisions of the Hague Convention on
the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters.” § 48.194(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...terms. In September 1978 the wife petitioned the circuit court in Sarasota County to enforce the provisions of the agreement regarding the educational expenses of the daughter. [2] She served the husband personally under Florida's long arm statute, Section 48.194, Florida Statutes (1979)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2017 WL 2180984, 2017 Fla. App. LEXIS 6958
...Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 20 U.S.T.
1We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(B),
9.130(a)(3)(C)(i).
-2-
361 (hereinafter Hague Convention). See also § 48.194(1), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13657
...sued. On amendment, service is as effective as if the *1127 return had originally stated the omitted facts. A failure to state all the facts in the return shall subject the officer so failing to a fine not exceeding $10, in the court’s discretion. Section 48.194, Florida Statutes (1981), provides: 48.194 Personal service outside state....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...* * * * * * "(2) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally *214 serving the process upon the defendant outside this state, as provided in § 48.194. The service shall have the same effect as if it had been personally served within this state." (Emphasis supplied.) "48.194 Personal service outside state....
...The court may consider the affidavit, or any other competent evidence, in determining whether service has been properly made." Defendants urge that, since they were amenable to service of process under the Long Arm Statute, they necessarily would have to be served under its procedure as provided in Fla. Stat. § 48.194 (1973)....
...We disagree. In essence, defendants base their position upon the opening sentence of Fla. Stat. §
49.021: "Where personal service of process cannot be had, service of process by publication may be had upon any party, ..." and the caption of Fla. Stat.
48.194, "Personal service outside state." Defendants reason that upon the enactment of the Long Arm Statute non-residents (meeting its criteria) can now be "personally served" in foreign states as concerns Florida litigation....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 18936, 2015 WL 9258496
...2d
DCA 2012). Likewise, we review de novo the trial court's interpretation of a treaty. See
Wigley v. Hares,
82 So. 3d 932, 940 (Fla. 4th DCA 2011) (quoting In re Application of
Adan,
437 F.3d 381, 390 (3d Cir. 2006)).
III. Discussion
Section
48.194(1), Florida Statutes (2014), provides, in part, that "[s]ervice
of process on persons outside the United States may be required to conform to the
provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2165, 1990 WL 37383
...n with prejudice as it appears plain on *1203 this record that personal jurisdiction over the defendant may be obtained by the plaintiff under Section
48.193(1)(g), Florida Statutes (1987), if service of process is thereafter properly obtained under Section
48.194, Florida Statutes (1987)....
CopyCited 1 times | Published | Supreme Court of Florida | 1988 WL 34015
...Paternity must be adjudicated against the putative father before he may be held accountable for child support in Florida. Section
48.193(1)(b) cannot apply until a duty has been imposed. Clearly, if the legislature had intended to address this issue, it would have done so in section
48.194(1)(e), which pertains directly to actions in child support....
CopyPublished | Florida 5th District Court of Appeal
...title or remove any encumbrance, lien, or cloud on the title to any
real or personal property within the jurisdiction of the court.” §
49.011(2), Fla. Stat. (2015).
“Where personal service of process or, if appropriate, service
of process under [section]
48.194[5] cannot be had, service of process
5 Section
48.194, Florida Statutes (2015), controls personal
service of process outside of the State of Florida.
11
by publication may be had upon any party, natural or corporate,
known or unknown, including,”...
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 15564
...ed appellants in four counts for a) breach of express oral contracts, b) breach of implied warranty of authority, c) common law fraud and d) violation of the Florida Securities law. Service of process was obtained under the Florida Long Arm Statute, Section 48.194, Florida Statutes (1977)....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16802
...Appellant filed suit to establish the Texas divorce decree as a Florida judgment, adjudicate the current amount of alimony ar-rearage due, and enforce the decree through any means available for the enforcement of a Florida judgment. The ap- *410 pellee was personally served in Nevada pursuant to Section 48.194, Florida Statutes (1977), but he has never entered an appearance in this action....
CopyPublished | Florida 3rd District Court of Appeal | 9 Fla. L. Weekly 2221, 1984 Fla. App. LEXIS 15570
...ions of section
48.193(l)(g), Florida Statutes (1984). One further point appellee makes in its brief needs explanation. It is suggested that Risman v. Whittaker,
326 So.2d 213 (Fla. 4th DCA 1976), indicates that personal service on a nonresident per section
48.194 should be more effective than service through the Secretary of State as agent for service of process....
...bject Trammell to the jurisdiction of Florida courts pursuant to section
48.193(l)(g). We suggest appellee has misread Ris-man. Both service through the Secretary of State pursuant to section
48.161 and personal service outside the state pursuant to section
48.194 are available to a plaintiff seeking to obtain jurisdiction under section
48.193, the long arm statute....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16762
utilization of the personal service provision of Section
48.194 was ineffective as a means of gaining jurisdiction
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 15279
...’s
general statutory scheme governing service of process. Specifically, section
48.193(3), Florida Statutes (2013), states that persons outside of Florida who are
subject to the jurisdiction of Florida’s courts may be served “as provided in s.
48.194.” The relevant provision of section
48.194, Florida Statutes (2013), is
subsection (1), which reads, in pertinent part, as follows: “Service of process on
persons outside the United States may be required to conform to the provisions of
the Hague [Service] Convention ....
...and he was served in conformity with it, personal service is nonetheless required
for a Florida court to have jurisdiction to render a money judgment against him.
Puigbo’s contention, however, misapprehends the interplay between the
relevant provisions of sections
48.193(3),
48.194(1), and the Hague Service
Convention, and discounts the effect of the Supremacy Clause contained in Article
VI, Clause 2, of the United States Constitution.
When process is served and return of process is completed by an official of a...
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21616
then be served in a manner satisfactory to section
48.194, even if timing problems prevented compliance
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 11905, 1996 WL 661751
...The husband was served with process at his residence by a process server specifically appointed by the Dade Circuit Court. It is undisputed that the husband received actual notice of the action and a copy of the Petition for Dissolution of Marriage. Pursuant to section 48.194, Florida Statutes (1995), service on a nonresident “shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served.” Under Illinois law, in Cook Coun...
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4430, 1991 WL 76529
...-state mortgagor by publication under chapter 49, Florida Statutes (1989), where the mortgagee knows the mortgagor’s out-of-state residence address. We hold that if the out-of-state residence is known, the mortgagee must use personal service under section 48.194....
...4th DCA 1976), also a mortgage foreclosure, we held that plaintiff had the option of using constructive service by publication on out-of-state defendants where plaintiff sought merely a judgment in rem. Confronting the then recently-adopted long arm statute, section 48.194, making personal service newly available on out-of-state defendants, we reasoned that the words “[sjervice of pro *848 cess upon any person * * * may be made by personally serving the process upon the defendant outside this state” [e.s.] meant that plaintiff had the option of using personal service in the foreign state under section 48.194 if he desired a personal judgment....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 2012
PER CURIAM. We grant the appellant’s motion for rehearing, withdraw our opinion of December 8, 1999, and substitute the following opinion in its place. The appellant appeals a non-final order quashing service of process made pursuant to section 48.194, Florida Statutes (1997), on the appellees who are permanent residents of Columbia....
...The appellant filed a mortgage foreclosure complaint against the appellees. At the time that the suit was filed, the appellees were residing in Columbia. Thus, the appellant served the appellees via substituted service of process in Columbia pursuant to section 48.194(2), Florida Statutes (1997)....
...Federal Nat’l Mortgage Assoc.,
704 So.2d 1110, 1112 (Fla. 5th DCA 1998); Wyatt v. Haese,
649 So.2d 905, 907 (Fla. 4th DCA 1995); Hobbs v. Don Medley Chevrolet, Inc.,
642 So.2d 1149, 1155 (Fla. 5th DCA 1994); Pelycado Onroerend Goed B.V. v. Ruthenberg,
635 So.2d 1001, 1003-04 (Fla. 5th DCA 1994). Section
48.194(2)(a) requires, among other things, that the plaintiff serve the defendant, via registered mail, a copy of the original process and complaint. Also, if service of process is made pursuant to section
48.194(2)(a), section
48.194(4) requires an affidavit which must include: ......
...and the basis for that knowledge; and the relationship between the person who signed the receipt and the person to be served, if known, and the basis for that knowledge. The return receipt from the registered mail shall be attached to the affidavit. § 48.194(4), Fla....
...B & W Loudspeakers of Am.,
957 F.2d 406 , 409 (7th Cir.l992)(holding that “Federal express is not first class mail.”); Helmers v. Sortino, 545 N.W.2d 796, 799 (N.D.1996) (holding that “Federal Express delivery is not mail delivery”). Moreover, the mandatory affidavit requirement of section
48.194(4) contemplates that service of process was made by registered mail. Accordingly, since the appellant did not strictly comply with section
48.194, we cannot conclude that the trial court abused its discretion by voiding all judgments, orders and writs entered in this case....
CopyPublished | Florida 3rd District Court of Appeal
...2
Hague Convention, Appellees’ compliance with the relevant provisions of the
Hague Convention plainly is required to effectuate service on Zielcke, absent
an explicit finding of a legally cognizable exception to such compliance. §
48.194(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10027, 2016 WL 3541007
...e were
-4-
facially sufficient. Thus, we will not discuss the fourth claim further. The
remaining three claims lack merit, and the first is frivolous.
Appellee’s sworn affidavit of service complied with section 48.194,
Florida Statutes, for out-of-state service.
Section 48.194, Florida Statutes (2014), provides:
Personal service outside state.—
(1) Except as otherwise provided herein, service of process on
persons outside of this state shall be made in the same
manner as service with...
CopyPublished | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1594, 1985 Fla. App. LEXIS 15376
...ssengers. The accident occurred on the island of Grand Cayman, Cayman Islands, British West Indies, on June 12, 1981. The plaintiffs initially filed suits against AMC and Jeep on April 12, 1983, effecting service of process in the manner provided by section 48.194, Florida Statutes (1981)....
...AMC and Jeep timely moved to dismiss the initial actions for lack of personal jurisdiction over the defendants based upon the lack of connection between the actions and any act or occurrence in Florida. The circuit court denied the motions and, on appeal, this court reversed, holding: Having elected to so proceed [under section
48.194, Florida Statutes (1981) ], the plaintiffs were required to plead and prove, which they failed to do, that the cause of action alleged arose from the doing of any of the acts set forth in Section
48.193, Florida Statutes (1981)....
...from that activity. §
48.193(2), Fla.Stat. (Supp.1984) (emphasis supplied) (codifying in part ch. 84-2, § 3, Laws of Fla.). On May 30, 1984, the plaintiffs refiled their actions. 2 The plaintiffs served AMC and Jeep pursuant to sections
48.181 and
48.194, Florida Statutes (1983) (as amended by chapter 84-2, Laws of Florida)....
...John Deere Co.,
264 So.2d 419 (Fla.1972), the supreme court stated, in answer to a question certified from the United States Court of Appeals, Fifth Circuit,
451 F.2d 234 (5th Cir.1971), that section 48.182, Florida Statutes (1970) (predecessor to sections
48.193 and
48.194), "operates to create a new remedy ......
CopyPublished | Florida 2nd District Court of Appeal | 1985 Fla. App. LEXIS 14641, 10 Fla. L. Weekly 1528
...The order under review quashing the process served in Sweden upon AB Volvo Penta, a Swedish corporation, on the ground that the appellants, by not timely filing an affidavit “by any officer authorized to serve process in the state where the person is served,” failed to comply with Section 48.194, Florida Statutes (1983), is reversed upon a holding that even assuming, arguendo, that such an affidavit must be filed when service is made in another state of the United States, see Nettles v....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1452, 1989 Fla. App. LEXIS 3396, 1989 WL 63376
...n Orange County, Florida. Antonio filed a special appearance to contest in personam jurisdiction. He argues that service of process made upon him in Curacao, the Netherlands, Antilles, his residence, was insufficient. The affidavit filed pursuant to section 48.194 fails to state the time of service, and the jurat executed before the notary is appropriate for an acknowledgment rather than an oath or affidavit....
...The parties were residents of the Netherlands, Antilles. Karen moved to Florida with the parties’ two children and filed a dissolution petition. Process was served on Antonio in Curacao by a process server for courts in the Netherlands, Antilles, pursuant to section 48.194, “personal service outside the state.” It provides: Service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served....
...However, there is an additional, more fundamental flaw in the return of service involved in this case. Confusion often arises between an affidavit and an acknowledgment. Both memorialize acts done before a notary. But, in an affidavit, which is required by section 48.194, the person swearing before the notary must under oath assert that the facts set forth in the document are true....
...2 In an acknowledgment, the person merely declares that he executed and signed the document. 3 Where an affidavit is called for, an acknowledgment will not suffice. Hammond v. Eastmoore,
513 So.2d 770 (Fla. 5th DCA 1987); McGibney v. Smith,
511 So.2d 1083 (Fla. 5th DCA 1987). Section
48.194 clearly requires that the process server’s affidavit — not merely an acknowledgment — be filed....
CopyPublished | Florida 3rd District Court of Appeal
...’s
general statutory scheme governing service of process. Specifically, section
48.193(3), Florida Statutes (2013), states that persons outside of Florida who are
subject to the jurisdiction of Florida’s courts may be served “as provided in s.
48.194.” The relevant provision of section
48.194, Florida Statutes (2013), is
subsection (1), which reads, in pertinent part, as follows: “Service of process on
persons outside the United States may be required to conform to the provisions of
the Hague [Service] Convention ....
...and he was served in conformity with it, personal service is nonetheless required
for a Florida court to have jurisdiction to render a money judgment against him.
Puigbo’s contention, however, misapprehends the interplay between the
relevant provisions of sections
48.193(3),
48.194(1), and the Hague Service
4
Convention, and discounts the effect of the Supremacy Clause contained in Article
VI, Clause 2, of the United States Constitution.
When process is served and ret...
CopyPublished | Florida 5th District Court of Appeal
...encumbrance, lien, or
cloud on the title to any real or personal property within the jurisdiction of the
court.” §
49.011(2), Fla. Stat. (2015).
“Where personal service of process or, if appropriate, service of
process under [section]
48.194[5] cannot be had, service of process by
Section
48.194, Florida Statutes (2015), controls personal service of
5
process outside of the State of Florida.
16
publication may be had upon any party, natural or corporate, known or
unknown, incl...
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1232, 2015 WL 403999
...Gomez Lopez, 53 F.
Supp. 2d 1273, 1280 (S.D. Fla. 1999) ("Article 19 should be broadly construed so as to
permit service by any means, subject to the Federal Rules of Civil Procedure, not
proscribed by the foreign country.").
With regard to Florida law, section 48.194(1), Florida Statutes (2012),
provides that "service of process on persons outside of this state shall be made in the
same manner as service within this state by any officer authorized to serve process in
the state where the person i...
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 93, 1997 WL 7133
...state of Florida. However, because the parties agreed that personal service could not be effected pursuant to section
48.193(l)(a) we must look to section
48.181 which provides for service on a nonresident engaging in business in this state, and to section
48.194 which provides for personal service on persons outside of this state....
...If these allegations had been set forth, it would then have been appropriate for the trial court to consider under section
49.021 whether service of process by publication was proper. Section
49.021 states: “Where personal service of process or, if appropriate, *743 service of process under s.
48.194 cannot be had, service of process by publication may be had upon any party, natural or corporate, known or unknown, ...” This language has been construed to mean that service by publication may be used (provided the case is one of those enumerated in section
49.011) only when personal service cannot be effected....
...Service by publication was improper in this case because the appellee did not establish that personal service upon the appellant could not be effected. Appellee did not establish this because, as stated above, appellee faded to .allege that he attempted but failed to effect service under section
48.181, or under section
48.194....
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA 2020).
The former husband challenges the trial court’s exercise of personal
jurisdiction by asserting that the return of service form was defective for
failing to list the time of day that service was effected. We note the recent
change to section 48.194, Florida Statutes, which was in effect before
service on the former husband occurred....
...forms include the “time,
manner, and place of service” and allows a trial court to “consider the return-
of-service form described in [section]
48.21, or any other competent
evidence in determining whether service has been properly made.” §
48.194(1), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 501, 1989 Fla. App. LEXIS 767, 1989 WL 11962
...The amended complaint contains a bare assertion that Alexander does business in Hillsborough County, and as required by Florida Rule of Civil Procedure 1.070(i), a reference to section
48.193(l)(d), Florida Statutes (1987), as the basis for service on a non-resident. Northwest did not perfect service of process pursuant to section
48.194, Florida Statutes, as is contemplated by section 48.-193, but rather served the Secretary of State pursuant to section
48.161....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 14445
New York, was served in New York pursuant to Section
48.194 Florida Statutes which creates long-arm jurisdiction
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 18678, 2003 WL 22880657
...Schiffsbesitz KG (Alpha) for the refurbishment of the vessel M/Y Giant I owned by Alpha. Koechli is a citizen of Switzerland who lives on a sailboat. BIP sought to serve Koechli pursuant to the Hague Convention while his sailboat was docked in the Bahamas. Section 48.194(1), Florida Statutes (2002), authorizes that service of process on persons outside the United States may be made in conformity with the Hague Convention....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 117, 1985 Fla. App. LEXIS 6077
...ion. Rather, the contract entered into between the parties provided the basis for Florida obtaining such jurisdiction. Having agreed that Florida should have such jurisdiction in the event of a lawsuit, when McRae was served with process pursuant to 48.194, he was a party thereto and personally liable for any judgment ultimately entered against him....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 19257
...occasion to transmit a judicial or extrajudicial document for service abroad.’”
Grupo Radio Centro S.A.B. DE C.V. v. Am. Merchant Banking Group, Inc.,
71
So. 3d 151, 151 (Fla. 3d DCA 2011) (quoting Chabert v. Bacquie,
694 So. 2d 805,
812 (Fla. 4th DCA 1997)); see §
48.194(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6478818, 2013 Fla. App. LEXIS 19642
...rnandez v. State Farm Mut. Auto. Ins. Co.,
32 So.3d 695, 698 (Fla. 4th DCA 2010). However, we review an order denying a motion to vacate a default for an abuse of discretion. Elliott v. Aurora Loan Servs., LLC,
31 So.3d 304, 306 (Fla. 4th DCA 2010). Section
48.194 governs personal service outside the State of Florida and provides, in pertinent part: Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within this sta...
...ervice has been properly made. Service of process on persons outside the United States may be required to conform to the provisions of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. §
48.194(1), Fla. Stat. (2012) (emphasis added). The term “affidavit” is not defined in chapter 48, however, at least two of our sister courts have interpreted the word “affidavit” as used in section
48.194 as requiring a verification of service of process to be sworn and notarized. In Pina v. Simon-Pina,
544 So.2d 1161 (Fla. 5th DCA 1989), the Fifth District considered whether service of process on an out-of-state resident was sufficient under section
48.194 when the process server signed an acknowledgment of service rather than an oath or affidavit before a notary public. Id. at 1162 . It held that it was not, reasoning that: “[I]n an affidavit, which is required by section
48.194, the person swearing before the notary must under oath assert that the facts set forth in the document are true” as opposed to “merely declaring] that he executed and signed the document.” Id. Similarly, in Nettles v. White,
439 So.2d 1048 (Fla. 2d DCA 1983), the Second District held that an “affidavit” accompanying a return of service did not meet the requirements of section
48.194 because it was not sworn to....
...er oaths.” Black’s Law Dictionary 66 (9th ed. 2009) (emphasis added). Taken in light of the principle that statutes governing service of process should be strictly construed, Bank of Am., N.A. v. Bornstein,
39 So.3d 500, 502 (Fla. 4th DCA 2010), section
48.194 requires that the service of process on a person residing outside the state of Florida should be evidenced by a sworn and notarized document stating the time, place, and manner of service. Here, the verification of service filed before default was not sworn to or notarized and thus was improper under section
48.194. Although Progressive la *266 ter filed an amended verification of process which was sworn and notarized as required by section
48.194, this was not until after the clerk entered default against Appellants....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8913, 1996 WL 475723
...The plaintiffs minor son, John Ferris, was injured in an accident involving the arcade ride, which was the germination for this lawsuit. The Ferrises tried to serve Taito through Taito America. They served Bianca Villareal, an employee of Taito America, in Illinois, pursuant to Section 48.194....
CopyPublished | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 1027, 1989 Fla. App. LEXIS 2260, 1989 WL 39570
STONE, Judge. We affirm an order of the trial court denying appellant’s motion to quash service of process upon a foreign corporation. The process was served in England, pursuant to the long arm statute, section 48.194, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 4794, 2001 WL 360147
...resident parent voluntarily appears and waives all jurisdictional objections, or facts establishing minimum contacts sufficient to support a basis for long-arm jurisdiction over the nonresident parent are shown to exist, service obtained pursuant to section 48.194 does not provide in personam jurisdiction over the nonresident parent with respect to matters of child and spousal support....
...Laney,
487 So.2d 1109, 1111 (Fla. 1st DCA 1986) quoting Mouzon v. Mouzon,
458 So.2d 381, 383 (Fla. 5th DCA 1984) (“Failure to adequately allege in the complaint a basis for long arm jurisdiction under
48.193 voids any service of process made pursuant to section
48.194, with the result that there ......
