CopyCited 65 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 27942
...§§
48.181 and
48.193 were not applicable and that Seasafe Transport had no connection with Florida sufficient to subject it to jurisdiction under the statutes in effect when the cause of action arose. DISCUSSION Retroactive Application of the 1984 Amendments In 1984, the Florida legislature amended Fla.Stat. §§
48.081(5),
48.181(3) and
48.193....
...The record does not show any connection whatsoever between the Florida business and this cause of action. We agree with the district court’s holding that there was no connexity between Seasafe *972 Transport’s alleged business activities in Florida and this cause of action. 4 Jurisdiction Under Fla.Stat. § 48.081(5) (1983) In addition, Polskie claims that service of process on the resident agent of Seasafe, Inc. was sufficient to support the exercise of personal jurisdiction over Seasafe Transport under Fla.Stat. § 48.081(5) (1983). 5 Section 48.081(5) does not require “connexity between the cause of action being sued upon and the defendant foreign corporation’s Florida business activities, if the defendant has a business office within the state and is actually engaged in busi...
...Rather than substantiate its allegation that Sea-safe, Inc. was a business office or agent for Seasafe Transport when process was served, Polskie moved to strike Bergen-sen’s affidavit as untimely. We find Pol-skie did not sustain its burden of justifying jurisdiction under Fla.Stat. § 48.081(5) (1983)....
...ection, and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state. Fla.Stat. 48.081(5) (1983).
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 29357
...parties, together with a multitude of exhibits and depositions taken for purposes of the motion, the trial judge entered an order denying the appellant’s motion to dismiss or quash on the ground that valid service had been effected under Fla.Stat. Section 48.081. We find no error in the trial judge’s ruling. Fla.Stat. Section 48.081(2) provides that if a foreign corporation has none of the officers or agents specified in Section 48.-081(1) in Florida, service may be made on any agent transacting business for it in the state of Florida....
...Honecker,
307 So.2d 889 (Fla.App.1974). Thus, service of process upon Charles A. Schuette, the resident agent of American Division, Inc., which at all times material was the appellant’s agent for transacting business in the state of Florida, was properly perfected under Fla.Stat. Section
48.081....
...incipal, are questions of fact, and findings will not be set aside unless clearly erroneous. Boque Electric Manufacturing Co. v. Coconut Grove Bank,
269 F.2d 1 (5th Cir.1959); One Hour Valet of America, Inc. v. Keck,
157 So.2d 83 (Fla.App.1963). 5 . Section
48.081 provides: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice-president, or other head of the corporation; and in his absence: (b) On the cashier, treasurer, secretary or genera...
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit
...15101(1) in turn provides that a
foreign corporation’s registered agent “is the corporation’s agent for service of
process, notice, or demand required or permitted by law to be served on the foreign
corporation.” Finally, Florida Statutes §
48.081 provides that “process may be
served on the agent designated by the corporation under §
48.091.”
Turning first to the text of the statutes, nothing in these provisions’ plain
language indicates that a foreign corporation tha...
...The federal district court determined that it lacked personal jurisdiction over
Pepsico, and White appealed to this Court, which certified a question to the Florida
Supreme Court. Id. We asked the Florida Supreme Court to determine whether
serving a corporation’s registered agent in compliance with Florida Statutes
§§
48.081 and
48.091 “conferred upon a court personal jurisdiction over [the]
foreign corporation without a showing that a connection existed between the cause
of action and the corporation’s activities in Florida.” Id.
The Florida Sup...
...production, Ulloa,4 argued that by maintaining an agent in compliance with
Florida’s business registration provisions the out-of-state corporation could be
compelled by subpoena to produce documents. The Court disagreed. It explained
that §§
48.091,
48.081, and
607.15101—the same statutes the Waites rely on
here—“simply requir[e] an out-of-state corporation doing business in this state to
have a designated person or entity authorized to accept the delivery of a summons
[or] complaint.” Id....
...For ease of discussion,
we will refer to only one of those defendants, Ulloa.
27
Case: 16-15569 Date Filed: 08/23/2018 Page: 28 of 29
supports the meaning evident from the statutes’ plain text: §§
48.081,
48.091, and
607.15101 “are directed only to service of process.” Id....
CopyCited 25 times | Published | Florida 4th District Court of Appeal
...Therefore, any analysis of the question of whether jurisdiction in personam has been acquired over a foreign corporation must necessarily start with an analysis of the statutes. [3] Appellants contend that service of process may be sustained under Florida Statute § 48.081 or § 48.182 (1971), F.S.A. We deal first with appellants' contention that service is sustainable under Florida Statute § 48.081, F.S.A. In the case sub judice, service was made upon a vice president of the foreign corporation pursuant to Florida Statute § 48.081(1) (1971), F.S.A. Section 48.081(1) states, inter alia, that process against any private corporation, domestic or foreign, may be served on the vice president of the corporation....
...No requirement that the corporation be doing business in this state or that the cause of action arise from the corporation's activities in this state is found in this section. Upon the absence of language to the above effect, appellants base their argument that process served according to the terms of Florida Statute § 48.081(1) (1971), F.S.A., confers in personam jurisdiction over a foreign corporation upon Florida courts provided that the corporation so served possesses minimum contacts with the State of Florida as defined by International Shoe Co....
...of Florida, or that the cause of action did not arise out of any transaction or operation connected with or incidental to the corporation's business in the State of Florida. [5] To adopt appellants' interpretation or construction of Florida Statute § 48.081(1), F.S.A., would render the statute quite similar in effect to a California statute, [6] thus creating the same problems....
...re. Armstrong v. City of Edgewater,
157 So.2d 422 (Fla. 1963). Therefore, we determine that the requirements of doing business and connexity as delineated in Florida Statute §
48.181 (1971), F.S.A., must be read in pari materia with Florida Statute §
48.081 (1971), F.S.A....
...Gregstad Distributing Corp.,
138 So.2d 383 (Fla. App. 1962). See also Bayitch, Conflict of Laws, Florida 1968-69, 24 U.Miami L.Rev. 434, 450-53 (1970). Contra, H. Bell & Associates, Inc. v. Keasbey & Mattison Co.,
140 So.2d 125 (Fla.App. 1962). Under this construction, Florida Statute §
48.081, F.S.A....
...Therefore, to serve a foreign corporation not qualified to do business in Florida but which is doing business [8] in Florida, where the cause of action arose out of the corporation's activities in Florida, service may be made either constructively upon the secretary of state, [9] or personally upon those persons listed in § 48.081(1)-(3)....
...rement necessarily includes the concept of minimum contacts. Wherefore, as appellants argue that connexity is not required, while in fact it is required, and as no showing of connexity has been made, service cannot be sustained under Florida Statute §
48.081, F.S.A., when read in pari materia with §
48.181 (1971)....
CopyCited 22 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035
...[45] Consequently, any issue as to whether service of process was effective on Airbelt has been remedied. Because Fenton is an officer of Airbelt service upon him on behalf of Airbelt is in compliance with the requirements of Rule 4 Fed. R.Civ.P. and is in compliance with Florida Statute § 48.081(1)....
CopyCited 20 times | Published | Supreme Court of Florida | 1990 WL 130207
...BARKETT, Justice. We have for review White v. Pepsico, Inc.,
866 F.2d 1325 (11th Cir.1989), which certified the following question of Florida law: Whether, in actions that accrued before 1984, service on a registered agent pursuant to Fla. Stat. Ann. §§
48.081(3) and
48.091(1) [1983] conferred upon a court personal jurisdiction over a foreign corporation without a showing that a connection existed between the cause of action and the corporation's activities in Florida....
...In July 1987, Pepsico moved to dismiss for lack of personal jurisdiction. On January 11, 1988, the federal district court ruled in favor of Pepsico and entered final judgment. White appealed to the Eleventh Circuit, which certified the question presented here. The issue before this Court involves the interpretation of section 48.081 of the Florida Statutes (1983), which stated: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person d...
...ed wrongdoing of Pepsico did not arise out of Pepsico's business contacts in Florida. The only question before this Court is whether White executed service of process on Pepsico pursuant to the requirements of the Florida Statutes. White argues that section 48.081(3) did not *889 require connexity, [4] so his service on Pepsico's registered agent was sufficient to give Pepsico adequate notice to defend the action....
...If a statute is ambiguous or unclear, it falls to the courts to interpret its meaning. First, however, we must look to the plain and ordinary meaning of the language in the section at issue. E.g., St. Petersburg Bank & Trust Co. v. Hamm,
414 So.2d 1071, 1073 (Fla. 1982). The language in section
48.081(3) simply says that service on a foreign corporation may be made upon the corporation's registered agent. The plain language makes clear that there is no connexity requirement in section
48.081(3). Nonetheless, Pepsico urges us to look beyond the language of that provision by examining the statute as a whole for other indicia of legislative intent and public policy. See Webb,
398 So.2d at 824. Specifically, Pepsico calls our attention to section
48.081(5), which expressly rejected a connexity requirement when serving a corporation that has a business office in Florida actually engaged in the transaction of business therefrom. Pepsico argues that because the legislature expressly excluded the connexity requirement in section
48.081(5), it must have intended to include the requirement in section
48.081(3)....
...Pepsico alternatively argues that subsequent history of the service of process statutes proves that connexity had been required because the legislature expressly abolished the connexity requirement by amendment in chapter 84-2, Laws of Florida. We disagree. The 1984 amendments did not even purport to alter section 48.081(3), the statute under which Pepsico was served....
...of process. Staff of Fla.S.Comm. on Judiciary-Civ., SB 352 (1983) Staff Analysis 2 (April 27, 1983) (on file with Florida State Archives, series 18, carton 1471) (emphasis supplied). [5] It is worth noting that chapter 84-2, Laws of Florida, amended section 48.081 without affecting subsection (3). Had the legislature intended to modify connexity under section 48.081(3), it is logical to presume that it would have done so at that time....
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 2005 WL 1682740
...4th DCA 2003), this court held that service was not properly effectuated where the verified return of service indicated that the complaint was delivered to the office manager of the defendant's registered agent, rather than being served upon the registered agent himself. This court held that the service was not authorized by section 48.081, Florida Statutes, and therefore was grounds for vacating a default judgment of the corporate defendant....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...operation connected with or incidental to the business or business venture". The Supreme Court of Florida in Zirin v. Charles Pfizer & Co., supra, considering a factually similar case arising under *643 former statute F.S. 47.171, a predecessor of F.S. 48.081 Florida Statutes, 1971, said: "* * * the statute was intended to apply only to obligations or causes of action which arose out of the activities of the corporation in the State * * *....
...itioner." (190 So.2d at pages 172-173) The Supreme Court of Florida again, in Illinois Central Railroad Company v. Simari, Sup.Ct.Fla. 1966,
191 So.2d 427, discussing the same statutes as heretofore mentioned (former F.S. 47.17, the predecessor of F.S.
48.081, F.S....
...Obviously, if the corporation was not engaged in any activities or business in the State then the cause of action arising in the State could not have resulted therefrom. Second, several of the cases above cited dealt with service of process upon an agent or officer of the foreign corporation while in the State (F.S. 48.081)....
...Cotton Exch., Inc., supra; Manus v. Manus, supra; Illinois Central Railroad Company v. Simari, supra and Zirin v. Charles Pfizer & Co., supra) A fortiori, if service on an agent or officer of a foreign corporation found and served in the State pursuant to F.S. 48.081 (formerly F.S....
...rement necessarily includes the concept of minimum contacts. Wherefore, as appellants argue that connexity is not required, while in fact it is required, and as no showing of connexity has been made, service cannot be sustained under Florida Statute §
48.081, F.S.A., when read in pari materia with §
48.181 (1971)....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12980, 2011 WL 3586179
...r section
48.21, Florida Statutes); Nat’l Safety Assocs., Inc. v. Allstate Ins. Co.,
799 So.2d 316 (Fla. 2d DCA 2001) (defendants made prima facie showing that return of service was facially defective where return failed to include (as required by §
48.081(1)) statement that all superior corporate officers designated in the statute were absent when service was attempted on inferior corporate officer)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1989 WL 53350
...to as "Limited"). While at the resort, appellee Brian Bard suffered severe personal injury. The Bards brought suit in Broward County Circuit court against appellant Universal Caribbean and Limited. Service on Universal Caribbean was made pursuant to section 48.081(5), Florida Statutes (1987) on Jack Mermod, as business agent for Universal Caribbean....
...sionally arranges for special transportation of items to the hotel, special arrangements for guests, and special needs of the hotel when requested. In the instant case, appellees attempted service on defendant Universal Caribbean under both sections
48.081(5) and
48.193(2), Florida Statutes (1987), the latter of which provides: (2) A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subjec...
...Because that service was made personally on the corporation and we find that section
48.193(2), Florida Statutes (1987), provides jurisdiction, it is unnecessary to consider whether service was proper on Universal Caribbean through Limited as business agent, under section
48.081(5), Florida Statutes (1987)....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...*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), §
48.131 (service on alien property custodian), §
48.141 (service on labor unio...
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1062526
...The complaint alleges that, Mecca is a Florida corporation, which owns, controls, and maintains the premises wherein the accident allegedly took place, and which is located at or near 4000 Northwest 36th Avenue in Miami-Dade County, Florida. Kurzbard first attempted to serve Mecca pursuant to section 48.081(3)(a), Florida Statutes (2005), by serving Raul Rodriguez ("Rodriguez"), the registered agent, president, and sole officer of Mecca, at the address listed as Mecca's principal place of business, mailing address, and as the registered a...
...Subsequently, on two separate occasions, Kurzbard attempted to serve an officer or employee of Mecca at its business premises, but no one working for Mecca was present to accept service. Consequently, having had difficulty in effecting service on Mecca pursuant to section 48.081, Florida Statutes, Kurzbard availed himself of one of Florida's long-arm statutes and served Mecca by substituted service on Florida's Secretary of State....
...The determination of whether the trial court properly ruled on a motion to quash service of process for lack of personal jurisdiction is a question of law, which we review de novo. Alvarado v. Cisneros,
919 So.2d 585, 587 (Fla. 3d DCA 2006); Labbee v. Harrington,
913 So.2d 679, 681 (Fla. 3d DCA 2005). Section
48.081, Florida Statutes, governs service of process on a corporation and must be strictly complied with....
...rporation may only be effected by complying with such statutes."). "Absent strict compliance, the court lacks personal jurisdiction over the defendant corporation." York,
724 So.2d at 679. In this instance, Kurzbard attempted to strictly comply with section
48.081, Florida Statutes, but was unable to do so as a result of Mecca's apparent failure to comply with section
48.091, Florida Statutes, and as a result of Rodriguez's parents' failure to provide any information regarding Rodriguez. Consequently, having been unable to comply with the requirements of section
48.081, Kurzbard served Mecca, a domestic corporation, through substituted service on Florida's Secretary of State pursuant to section
48.181, Florida Statutes (2005), one of Florida's long-arm statutes....
...*1183 lacked personal jurisdiction over Mecca, and the default entered against it is void. Consequently, we conclude that Mecca's motion to quash service of process and to vacate the default should have been granted. REVERSED and REMANDED. NOTES [1] Section 48.081(3)(a) specifies that: [P]rocess may be served on the agent designated by the corporation under s....
...However, if service cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent. §
48.081(3)(a), Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9892, 2010 WL 2675238
...America branch in West Palm Beach on "Felicia Assaroupe as Teller," who said she was authorized to accept on behalf of the person to whom the process was directed. Bank of America moved to quash service of process for failure to comply with sections
48.081 and
655.0201, Florida Statutes (2009)....
...THE OFFICER WAS BUSY WITH A CUSTOMER AND DIRECTED ME TO GO TO THE TELLER. I WALKED OVER TO THE PERSON I WAS DIRECTED TO AND WAS TOLD BY HER THAT SHE WAS AUTHORIZED TO ACCEPT SERVICE. SERVICE WAS MADE IN THE ABSENCE OF AN AVAILABLE OFFICER IN ACCORDANCE WITH F.S. 48.081....
...rcoming that presumption by clear and convincing evidence. However, if the return is defective on its face, it cannot be relied upon as evidence that the service of process was valid. Re-Employment Servs., Ltd.,
969 So.2d at 471 (citations omitted). Section
48.081, which governs service of process on a corporation, provides: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence...
...; (c) In the absence of any person described in paragraph (a) or paragraph (b), on any director; or (d) In the absence of any person described in paragraph (a), paragraph (b), or paragraph (c), on any officer or business agent residing in the state. § 48.081, Fla....
...any other branch, office, or place of business in the state. (4) This section does not prescribe the only means, or necessarily the required means, of serving notice or demand on a financial institution. §
655.0201, Fla. Stat. (2009). The object of section
48.081 is to have service made upon someone who is held responsible by the corporation, "and it contemplates that service shall be made, whenever possible, upon the more responsible officers before resorting to service upon one of the inferior officers or agents of the corporation." Imperial Towers, Inc....
...n service was attempted." Nat'l Safety Assocs., Inc. v. Allstate Ins. Co.,
799 So.2d 316, 317 (Fla. 2d DCA 2001); accord Space Coast Credit Union v. The First, F.A.,
467 So.2d 737, 739-40 (Fla. 5th DCA 1985). The term "in the absence of," as used in section
48.081, has been interpreted by case law to require absence from the county....
...
799 So.2d at 317. The second district found that the service was improper because the deputy served a company employee without first determining that the president was outside the jurisdiction and without seeking to serve one of the other officers named in section
48.081(1)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221
...The record on appeal does not indicate that process was served in compliance with the requirements of section
48.021 or by court order pursuant to Florida Rule of Civil Procedure 1.070(b). Additionally, the service of process was invalid because it was not in compliance with section
48.081, Florida Statutes (1983), which requires that service of process first be attempted on the president or vice-president of a corporation and only in their absence may other corporate functionaries as described in the statute be served....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 22956426
...4th DCA 2000) (on rehearing). Second, statutes concerning service of process are to be strictly construed. York Communications, Inc. v. Furst Group, Inc.,
724 So.2d 678 (Fla. 4th DCA 1999). Third, service on a domestic corporation may be effectuated only by complying with section
48.081, Florida Statutes (2002). Section
48.081(3) provides that "process may be served on the agent designated by the corporation under s.
48.091. However, if service cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted *1266 on any employee at the corporation's place of business." [1] §
48.081(3), Fla. Stat. (2002). The verified return of service for Top Dollar indicated that Henry A. Peterson, registered agent, had been served. Since this service is in accordance with sections
48.081 and
48.091, the court did not abuse its discretion when it denied Top Dollar's amended motion to vacate. However, the verified return of service for Advance indicated that service was made on Sheila Goldman, an employee of the registered agent, Zimmerman. Section
48.081 does not provide for service upon an employee or agent of the registered agent....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723
...Despite this broad language, the holding in Rose's Stores does not subject AFSLIC to the jurisdiction of the trial court in this case. In Rose's Stores, as well as in the cases cited therein, [4] proper service was made on the corporation's registered agent pursuant to section
48.081(3) of the Florida Statutes. Section
48.081(3) provides: As an alternative to all of the foregoing [methods for serving process], process may be served on the agent designated by the corporation under s.
48.091.... §
48.081(3), Fla. Stat. (1991). In the instant case, process was served on AFSLIC's agent in Missouri, not its registered agent in Florida. Further, section
48.081 specifically provides that it "does not apply to service of process on insurance companies," such as AFSLIC. §
48.081(4), Fla....
...Institutional Mortgage Co.,
240 So.2d 879 (Fla. 4th DCA 1970). See also Cassidy v. Ice Queen International, Inc.,
390 So.2d 465 (Fla. 3d DCA 1980). [5] In Pepsico, the supreme court dealt with the analogous question of whether connexity was required under section
48.081(3), relative to service of process on a foreign corporation's registered agent. Like the court in Rose's Stores, the supreme court held that section
48.081(3) did not require connexity....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...had been entered for failure to file an answer or other response to a complaint filed by appellee. [1] Appellant contends that the default judgment should have been set aside because service of process had not been perfected pursuant to Section *424 48.081, Florida Statutes (1977)....
...on June 15, 1978, the deputy sheriff "served Dade Erection Service, Inc., by serving Mrs. Jorge Morejon, authorized to accept service." A default was entered on July 7, and the court granted appellee's motion for a final judgment on July 13. Claiming that service of process had not been made in accordance with Section 48.081(1), appellant moved the court to vacate the default on July 28....
...or him in the past. We are not told whether such previous suits were against him personally or against the corporation. She did not indicate, nor did the deputy attempt to ascertain, if she held any office or position in the corporation described in Section 48.081....
...Following this conversation at the door, the deputy served the papers on Mrs. Morejon and filed the return described above. The deputy had no recollection of having served Mrs. Lopez. [4] *425 Appellant's contention that the appellee failed to perfect service of process on it as required by Section 48.081 and two of the points raised by appellee to counter that argument merit discussion....
...Service can only be made on some representative or agent of the corporation designated by law. Clearwater Mercantile Company v. Roberts, Johnson, Rand Shoe Company,
51 Fla. 176,
40 So. 436 (1906); Country Clubs of Sarasota, Ltd. v. Zaun Equipment, Inc.,
350 So.2d 539 (Fla. 1st DCA 1977). Sections
48.081 and
48.091 provide the exclusive means of effecting service of process on an active corporation, [5] and these provisions must be strictly construed. Drew Lumber Company v. Walter,
45 Fla. 252,
34 So. 244 (1903); Ludlum Enterprises, Inc. v. Outdoor Media, Inc.,
250 So.2d 649 (Fla. 4th DCA 1971). Strict compliance with Section
48.081 requires that a return which shows service upon an inferior officer or agent must demonstrate that all members of a superior class could not first be served....
...ected *426 in the legal process."
250 So.2d at 650. [7] That case is distinguishable from the instant case in a crucial respect. There, the serving officer made no attempt to serve the officers and directors in the order listed in the predecessor to Section
48.081(1) before serving the desk clerk, i.e., he had failed to establish the absence of a member of the superior class....
...The question on which our decision turns, therefore, is whether Mrs. Morejon was one of the persons authorized to accept service and bind the corporation, i.e., whether she was a member of an inferior class as defined in the statute. Mrs. Morejon was not a business agent of the corporation as contemplated by Section 48.081(1)(d)....
...and so we are not presented with a case where a corporation failed to have its registered agent present at its registered office during the time period such an office is required to be open. [9] Because service of process was not made in compliance with either Section
48.081 or Section
48.091, the trial court had no jurisdiction over appellant and, therefore, the final judgment was void....
...HOBSON, Acting C.J., and BOARDMAN, J., concur. NOTES [1] Both parties are small closely-held corporations. Appellee's complaint was filed on June 7, 1978, and alleged that it was owed over $9,000 by appellant under an equipment lease contract. [2] Section 48.081(1) provides, in pertinent part, for service of process on corporations in the following manner: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or head of the cor...
CopyCited 11 times | Published | Florida 1st District Court of Appeal
...§
48.181, one of Florida's "longarm" statutes. Appellees have cross-assigned as error that portion of the order which granted a motion to quash service of process attempted pursuant to the National Highway Traffic Safety Act (15 U.S.C. Section 1399(e)) and F.S. §
48.081(1)....
...§
48.181, the motion to quash should have been granted. As to the issue raised by the cross-appeal, appellees claim that appellant designated VWoA as their agent under the National Highway and Traffic Safety Act and that, therefore, VWoA may be served as appellant's business agent pursuant to F.S. §
48.081(1)(d)....
...r service of process under the National Highway and Traffic Safety Act. Appellees have not established, and we refuse to so hold, that an agent under the National Highway and Traffic Safety Act is equivalent to a "business agent" for purpose of F.S. § 48.081(1). Moreover, F.S. § 48.081(1)(d) applies only to those business agents residing within the state of Florida....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1292985
...SCHEB, JOHN M., (Senior) Judge. National Safety Associates, Inc. (NSA), challenges the trial court's order denying its motion to quash service of process by Allstate Insurance Company. NSA argues that service was invalid because it did not comply with section 48.081(1), Florida Statutes (1997)....
...7, 1999, some eight months after service of process on Michael Ferraris. Additionally, NSA filed Mr. Ferraris' affidavit stating that, on January 13, 1999, he was Director of Human Resources but that he did not hold any of the positions mentioned in section 48.081(1) that would make him eligible to receive service on behalf of NSA....
...Ferraris was "at the bottom of [the] management layer" within NSA. At deposition, Deputy Turks stated that he had asked for Mr. Martin and was told he was not there; nevertheless, he did not seek to serve the summons and complaint on any of the other officers named in section 48.081(1)....
...Rather, Deputy Turks said the receptionist directed him to Mr. Ferraris, who accepted service. The trial court ruled that there was "no clear and convincing evidence" that service was not properly made and denied NSA's motion to quash. This appeal ensued. Section 48.081(1) provides: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person described in paragraph (a), on the...
...t, which is regular on its face, is presumed valid absent clear and convincing evidence to the contrary. Id. at 818. Here, the return was not regular on its face. Moreover, NSA's motion to quash was based on the fact that service did not comply with section 48.081(1) and was therefore legally deficient. Allstate made no showing that service of process *318 was attempted on any of the officers other than the presidentnamed in section 48.081(1)....
...to absolve the deputy of any obligation to make further inquiry. Because Deputy Turks served a company employee without first determining that the president was outside the jurisdiction and without seeking to serve one of the other officers named in section 48.081(1), the service on Mr....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...We are referred to several statutes allegedly authorizing service of process over a non-resident foreign corporation in this instance. In our opinion, plaintiff's attempted service was defective under these circumstances and the court below did not acquire jurisdiction over the defendant. Plaintiff's reliance upon Sections
48.081 [1] and
48.181(1) [2] is misplaced, since *603 the purported service of process failed to comply with the requirements of these statutes....
...lenge to such service. Chase Manhattan Bank v. Banco Del Atlantico,
343 So.2d 936 (Fla. 3d DCA 1977). We concur with the reasoning expressed by our sister court in Youngblood that attempted service upon a non-resident foreign corporation pursuant to Section
48.081(1) by personally serving an officer of that corporation while he was in Florida was insufficient to give the Florida courts in personam jurisdiction where there was no showing that the corporation had been doing business in Florida or that the cause of action arose from the corporation's activities in this state. The court held that the "connexity" requirement for service of process under Section
48.181(1) applied equally as well to Section
48.081(1). Likewise, in the instant case, there has been no showing that service was properly effected under either Sections
48.081(1) or
48.181(1)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...he service and dismissed the cause without leave to amend. Under F.S. 1969, Section
48.091, F.S.A., when a foreign corporation qualifies to transact business in this state, it must appoint a resident agent upon whom process may be served. F.S. 1969, Section
48.081(3), F.S.A., provides that process may be served on a foreign corporation by serving such resident agent. The question *881 presented here is whether service of a summons on such an agent under the authority of F.S. 1969, Section
48.081(3), F.S.A., confers on the court in personam jurisdiction over the foreign corporation without a showing that the cause of action against the corporation arose out of its activities in the State of Florida....
...corporation. A foreign corporation may be served by serving an officer, director, or a resident business agent of the corporation, or, in the absence of the foregoing, any agent transacting business for the corporation in this state. See F.S. 1969, Section 48.081(1) and (2), F.S.A....
...ause of action must likewise have arisen from the corporation's activities in Florida. The appellant relies on the Zirin and Illinois Central decisions as authority for his contention that service of process on a foreign corporation under F.S. 1969, Section 48.081(3), F.S.A., is effectual only where the cause of action arose out of the corporation's activities in the State of Florida....
...In the present case the defendant corporation has both qualified to transact its business in Florida and appointed a resident agent for service of process. From our review of the present State of Florida law, we conclude that the limitation that the defendant seeks to impose on service of process under F.S. 1969, Section 48.081(3), F.S.A., that is, that such service is effective as to a foreign corporation only where such corporation's activities in the State of Florida gave rise to the suit, has neither been adopted by the legislature nor imposed by any decision of the Florida Supreme Court....
...before the court into accord with the due process clause of the Fourteenth Amendment to the United States Constitution. We do not believe that the due process clause requires the imposition of such a limitation on service of process under F.S. 1969, Section 48.081(3), F.S.A., on the resident agent of a foreign corporation....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 18058
...egistered office "from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays." A party may serve a corporate employee when the corporation fails to keep a registered agent at the registered office during the designated hours. See § 48.081(3), Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...side 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), §
48.131 (service on alien property custodian), §
48.141 (service on labor unio...
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...llows. Appellant's first basic contention is that the lower court abused its discretion in denying appellant's motion to vacate the default judgment. Inherent in appellant's contention is the claim that service on the corporation was in violation of Section 48.081, Florida Statutes (1975), and as a result of this allegedly improper service, the papers were misplaced and were only rediscovered subsequent to the entrance of the default....
...Appellant argues that because of the improper service and its diligent, though untimely, attempt to correct the situation, the lower court erred in refusing to set aside the default. Initially, after reviewing the aforementioned corporate service statute, Section 48.081, Florida Statutes (1975), we hold that service was validly effectuated upon appellant-corporation....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16964
...Clearwater Mercantile Co. v. Roberts, Johnson, Rand Shoe Co.,
51 Fla. 176,
40 So. 436 (1906). Personal service on a corporation means personal service on its officers or agents. Smetal Corporation v. West Lake Inv. Co.,
126 Fla. 595,
172 So. 58 (Fla. 1936). §
48.081, Florida Statutes (1975), provides for such personal service on officers or agents of a corporation including, as an alternative to all corporate officers, the registered agent designated by the corporation to accept service of process on its behalf....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...48.091." There is a further notation to the effect that Mr. Drago advised the deputy that no officer or registered agent was on the premises. Appellant moved the trial court to quash service of process on Mr. Drago for failure of appellee to comply with section 48.081, Florida Statutes....
...(2) The registered agent of Sierra was on the business premises and was only temporarily absent from the office. Temporary absence does not negate compliance by a corporation with section
48.091, Florida Statutes; therefore, service of process could not properly be made on an "employee" under section
48.081(3)....
...(3) Even if service on an employee could have been proper, Charles Drago was not an employee at the time he was served. In support of its first contention, appellant cites Southeastern Mail Transport, Inc. v. Amoco Oil Company,
402 So.2d 522 (Fla. 1st DCA 1981). The appellate court in that case noted that under section
48.081(1), Florida Statutes, service of process may be made on a corporation's business agent only in the absence of superior corporate officers and directors. In the instant case, however, service was made under the alternative set forth in section
48.081(3), not on the business agent. Unlike
48.081(1), subsection (3) does not require the absence of superior corporate officers before it may be used; thus, the presence of the president in the office would not invalidate service of process on the registered agent (or on an employee in his absence) under section
48.081(3)....
...Non constat, such officer or agent may have left the designated place for some good reason for just a few minutes when the sheriff visited it, and then returned. Therefore, since the corporation did not fail to comply with section
48.091 of Florida Statutes, the deputy sheriff could not properly serve an "employee" under section
48.081(3)....
...Drago was not an employee, and appellee admits in its brief at page five that it "is unable to show that CHARLES DRAGO [is] on the payroll of SIERRA HOLDING COMPANY." Appellee contends that Mr. Drago's "connections" with Sierra are sufficient to designate him an "employee" for purposes of section 48.081(3), Florida Statutes....
...ake him an employee. Since, as noted above, the statute requiring that alternative service be made on an "employee" must be strictly construed, mere "connections" with the corporation are insufficient. Because appellee failed to comply with sections
48.081 and
48.091, Florida Statutes, in effecting service of process on appellant, the trial court lacked personal jurisdiction over appellant, and the final judgment must therefore be reversed....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1326, 1988 Fla. App. LEXIS 2271, 1988 WL 54431
...The Cherrys claim that the trial court was correct, since Rose's had submitted itself to the jurisdiction of Florida courts by qualifying to do business in Florida. According to the Cherrys, since service was made on Rose's registered *750 agent via section 48.081(3), Florida Statutes (1985), [1] it is immaterial that the cause of action arose outside of Florida and no other basis for jurisdiction is required....
...court noted that both prior cases dealt with foreign corporations which were not qualified to do business in Florida and had no resident agent appointed. The court determined that neither the legislature nor the supreme court imposed a limitation on section 48.081(3) that service would be effective only when the corporation's activities in the state gave rise to the suit....
...rocess as required by F.S. 1969, section
48.091, F.S.A.
240 So.2d at 882. In Dombroff, the Third District, in a summary opinion, citing Junction Bit, held *751 that the trial court had personal jurisdiction over the defendant corporation pursuant to section
48.081(3), since the corporation was qualified to do business in Florida and the corporation's designated resident agent was served in Dade County....
...The corporation did not maintain any offices or property in Florida, and had no officers, employees or agents in the state. The cause of action at issue concerned actions taken by the corporate board of directors in New York. On appeal, the appellants contended that service of process was proper pursuant to section 48.081(1), Florida Statutes (1971), which allowed for process on certain enumerated officers of a corporation....
...to a "constitutional problem of defining, according to the facts of each particular case `minimum contacts.'" Id. at 508. The court held that the requirements of doing business and connexity raised in section
48.181 must be read in pari materia with section
48.081, and stated: Under this construction, Florida Statute §
48.081, F.S.A....
...Therefore, to serve a foreign corporation not qualified to do business in Florida but which is doing business in Florida, where the cause of action arose out of the corporation's activities in Florida, service may be made either constructively upon the secretary of state, or personally upon those persons listed in § 48.081(1)-(3)....
...n Junction Bit, all of which concern corporations qualified to do business in Florida, and, accordingly, hold that the trial court was correct in denying the motion to dismiss the complaint. AFFIRMED. SHARP, C.J., and ORFINGER, J., concur. NOTES [1] Section 48.081 provides as follows: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person described in paragraph (a)...
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...PEARSON and FERGUSON, JJ. PER CURIAM. The final summary judgment under review is reversed and the cause is remanded for further proceedings upon a holding that: (1) the trial court acquired *924 personal jurisdiction over the defendant corporation herein under Section 48.081(3), Florida Statutes (1981), because: (a) the said corporate defendant was qualified to do business in Florida, and (b) the corporate defendant's designated resident agent was served in Dade County, Florida; Cassidy v....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...initial pleading to Patrick Townley, Agent. Patrick Townley was a desk clerk at defendant's hotel. Townley then delivered the material to the president of defendant corporation. Defendant moved to quash service of process based on noncompliance with Section 48.081, F.S. 1969, F.S.A., which reads, in part, as follows: "48.081 Service on corporations....
...merated by the *650 statute upon whom process could be served. Yet the motion was denied. We feel that the statute in question should be strictly construed. Valid service of process upon a domestic corporation can only be effected by compliance with Section 48.081, F.S....
...the hope that the information will not be transmitted to the proper corporate officers, thus resulting in a default judgment. * * * `[National Organization Masters, Mates and Pilots v. Banks, 5th Cir.1952,
196 F.2d 428]" In conclusion, we hold that Section
48.081, F.S....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...to Cortez's Declaration of Condominium recorded in 1979 in the public records of Hillsborough County, Florida, was a vice president of Towne Management, Inc. Facially, the service of process comported with the requirements of Sections
48.061(3) and
48.081, Florida Statutes (1979)....
...upon him, supports the inference that the return of the letter is chargeable to him. Affirmed. NOTES [1] Section
48.061(3) provides that "[p]rocess against a foreign limited partnership shall be served on any general partner found in the state... ." Section
48.081 provides that process against any domestic or foreign corporation may be served, inter alia, on the vice president.
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1975 Fla. App. LEXIS 15499
...Approximately two weeks thereafter the court held an ex parte hearing and entered final judgment for appellant in the amount of $71,571.10. Appellee then moved to vacate the default alleging as grounds that the service of process on appellee's treasurer was insufficient under § 48.081, F.S....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 2005975
...Castillo of Haas & Castillo, P.A., Clearwater, for Appellee. NORTHCUTT, Judge. The circuit court denied the motion of International Steel Truss Company to quash process. We reverse because service of process on International Steel's former employee failed to satisfy the requirements of section 48.081, Florida Statutes (2001)....
...The complaint alleged that the truss structure failed in February 1999. On April 27, 1999, International Steel voluntarily dissolved as a corporation. Under section
48.101, service of process on corporations dissolved on or after July 1, 1990, is to be accomplished according to section
48.081, which governs service of process on corporations generally. The latter statute specifies a descending hierarchy of individuals upon whom process against a corporation may be served. §
48.081(1)....
...As an alternative to the foregoing, *342 paragraph (3) permits service of process on the corporation's registered agent designated under section
48.091. Further, if the corporation has failed to comply with section
48.091, service may be made on any employee at the corporation's place of business. §
48.081(3)....
...ith them. York Communications, Inc. v. Furst Group, Inc.,
724 So.2d 678, 679 (Fla. 4th DCA 1999); Dade Erection Serv., Inc. v. Sims Crane Serv., Inc.,
379 So.2d 423 (Fla. 2d DCA 1980). Service on Griffin as International Steel's business agent under section
48.081(1)(d) was ineffective for two reasons....
...sputed that he was not the corporation's business agent when he was served in June 2001. By then it had been over two years since he had left his employment with the company. Service on a corporation may be accomplished by serving a person listed in section 48.081(1) only if the person legally fills the position described at the time of such service....
...1st *343 DCA 1991) (holding jurisdiction over corporation was not obtained by serving person who had resigned as corporation's vice president and left his employment with it prior to service); Sunrise Beach, Inc. v. Phillips,
181 So.2d 169, 170 (Fla. 2d DCA 1965) (same). Neither was service on Griffin effective under section
48.081(3), again for two reasons....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20873
...The return also specifically asserts that it was served in the absence of the corporation's president, vice president, other head, cashier, treasurer, secretary, general manager, directors or any other officers and specifically recites that service was effected under Section 48.081, Florida Statutes (1979)....
...tively shown to have been a mere employee and not a "business agent" of the corporation. Amoco's contention that the affidavit concerning the president's whereabouts on the date of service was insufficient to rebut the return is without merit. Under Section 48.081(1) service may be made on a corporation's business agent only in the absence of the president, vice president, or other officer of the corporation; the cashier, treasurer, secretary, or general manager; and any director....
...tered agent is required to be present every business day from 10 a.m. to noon and, finding the registered agent absent from that address, serve any employee. However, in the instant case, the deputy specifically stated that he effected service under Section 48.081....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 12263, 1998 WL 654272
...Even if jurisdiction over the garnishee had been established, service of process was defective in this case. In a garnishment proceeding, jurisdiction over the defendant garnishee is perfected by service of process on him or by his appearance. See Space Coast,
467 So.2d at 739. Section
48.081, Florida Statutes (1997) sets forth the method for service of process on a corporation. The statute directs that process is to be served on specified officers of the corporation or, in their absence, on any director or, in their absence, on any officer or business agent. See §
48.081(1), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1973 Fla. App. LEXIS 8043
...ion, applies. See 72 C.J.S. Process § 80 (1951). Further, the record reveals that service was made upon Murphy & Jordan, Inc. of New York and Murphy & Jordan, Inc. [1] of New Jersey through "William Murphy, as officer." Process was improper as F.S. § 48.081 [2] F.S.A....
...The order denying the motion to quash process and service of process is reversed and the cause is remanded with directions to quash process and service of process. Reversed and remanded. NOTES [1] William Murphy is secretary of both Murphy & Jordan, Inc. of New York and Murphy & Jordan, Inc. of New Jersey. [2] "48.081 Service on corporations "(1) Process against any private corporation, domestic or foreign, may be served: "(a) On the president or vice-president, or other head of the corporation; and in his absence: "(b) On the cashier, treasurer, secretary...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 26, 1996 WL 1124
...Defendant Washington Capital Corporation, a Pennsylvania corporation, (Washington Capital) appeals an order denying its motion to quash service. We reverse because service was improperly made on a secretary/receptionist of a foreign corporation which was not in strict compliance with section 48.081, Florida Statutes (1993), governing service of process on corporations....
...Kancher's affidavit stated that she is employed as a secretary by Washington Capital but is neither an officer nor director of the corporation. Wolgin's affidavit stated that Washington Capital has not operated, conducted or engaged in business in Florida since its formation. Section
48.081, Florida Statutes (1993), which governs service of process on corporations, must be strictly construed and strictly complied with. A-One Dahill Moving & Storage Co., Inc. v. American Ins. Co.,
436 So.2d 424, 425 (Fla. 4th DCA 1983); Carlon, Inc. v. Lindy's of Omni, Inc.,
408 So.2d 243 (Fla. 4th DCA 1981). The pertinent provisions of section
48.081 provide: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person described in paragraph (a), on the cas...
...48.091, service of process shall be permitted on any employee at the corporation's place of business. (Emphasis supplied). A secretary/receptionist under the facts presented here does not fall within any of the hierarchial categories enumerated in subsection
48.081(1). See A-One Dahill,
436 So.2d at 425 (unless proved otherwise, an "office manager" does not occupy the role of "general manager" for purpose of accepting service of process under subsection
48.081(1)(b)). Milandco maintains that service of process on any employee at the corporation's place of business was permissible pursuant to subsection
48.081(3) because the corporation failed to comply with section
48.091, Florida Statutes (1993), when it did not designate an agent within Florida to accept service on its behalf....
...Section
48.091 requires every "foreign corporation now qualified or hereafter qualifying to transact business in this state" to designate a registered agent and registered office in accordance with chapter 607. Service on an employee pursuant to subsection
48.081(3) may be resorted to when service cannot be made on a registered agent in Florida because of a corporation's failure to maintain the registered agent pursuant to subsection
48.091....
...2d DCA 1987). However, as Washington Capital points out, section
48.091 only requires those foreign corporations "now qualified or hereafter qualifying to transact business in this state" to designate a registered agent or registered office. Therefore, subsection
48.081(3) only applies to corporations licensed or qualified to do business in Florida. See White v. Pepsico, Inc.,
568 So.2d 886, 889 (Fla. 1990). As explained in White, subsection
48.081(3) pertains to "corporations that may not have been conducting business from a specific business office in Florida, but that had been licensed to do business in Florida." Id....
...In fact, the unrefuted affidavit of Washington Capital's president establishes that Washington Capital does not maintain offices in Florida, has no agents in Florida, and has never transacted business in Florida. Thus, Kancher could not properly be served with process pursuant to subsection 48.081(3)....
...that process has been served upon a person qualified to accept such process. Kancher as a secretary/receptionist was not qualified to accept process under the statute. Thus, Milandco has not met its burden. Because service of process was not made in strict compliance with section 48.081, the trial court erred in denying Washington Capital's motion to quash service....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2699, 1987 Fla. App. LEXIS 11251, 1987 WL 1912
...ory requirements when the complaint was attacked by motion to dismiss. [1] Nevertheless, appellees have urged us to affirm the trial court's order on the grounds that the jurisdictional allegations of the complaints meet the requirements of sections
48.081(5) and
48.193(2), Florida Statutes, neither of which have a connexity requirement....
...1st DCA 1986), and Cosmopolitan Health Spa, Inc. v. Health Industries, Inc.,
362 So.2d 367, 369 (Fla. 4th DCA 1978). We observe that it is patently obvious, however, that the allegations of the complaints do not purport to track the language of sections
48.081(5), or
48.193(2), nor was there proof offered below specifically directed to these statutory requirements....
...roof for the guidance of the court and counsel. We disagree that this document, without more, establishes that Georgia Bus has a business office within the state and is actually engaged in the transaction of business therefrom, within the meaning of section
48.081(5), or that Georgia Bus is engaged in substantial and not isolated activity within this state within the meaning of section
48.081(5) or
48.193(2)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 1140507
...In March, 1999, Nationsbanc moved to quash service of process and to dismiss. At the subsequent hearing, Nationsbanc asserted that the service of process against it was defective. Specifically, it alleged that service was made on an administrative assistant of Nationsbanc, in violation of section 48.081, Florida Statutes....
...At the hearing that followed, the Gardens contended that the service was voidable, not void. Notwithstanding the court's earlier ruling that service on Nationsbanc was void, the court denied the motion to vacate. This appeal followed. It is undisputed that the Gardens did not comply with section 48.081 [1] in attempting to serve Nationsbanc....
...(3) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s.
48.091. However, if service cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted on any employee at the corporation's place of business. §
48.081(1)-(3), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 485551
...prescribed by law. See South-Trust Bank of Southwest Florida, N.A. v. Krause,
677 So.2d 368 (Fla. 2d DCA 1996). Here, it is undisputed that when the circuit court entered the September 10 order, Synchron had not been served in accordance either with section
48.081, Florida Statutes (1997), governing service of process on corporations generally, or with section
607.15101, Florida Statutes (1997), relating to service of process on foreign corporations....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...This is a plaintiff's appeal from an order quashing service of process and setting aside a previously entered final judgment. The defendant/appellee is a Florida corporation. We have reviewed the record and the briefs and find no demonstration of reversible error. Section 48.081, Florida Statutes (1979), governs service of process on corporations and must be strictly complied with....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 576
...McLemore of Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., Miami, for appellant. John F. Venable of Venable, Venable & Venable, P.A., Tampa, for appellee. PER CURIAM. We affirm the trial court's non-final order denying appellant's motion to dismiss for lack of personal jurisdiction. Section 48.081, Florida Statutes (1983) makes no requirement of connexity between the cause of action being sued upon and the defendant foreign corporation's Florida business activities, if the defendant has a business office within the state and is...
CopyCited 4 times | Published | District Court, S.D. Florida | 1984 U.S. Dist. LEXIS 17864
...Plaintiff cites Woodham v. Northwestern Steel and Wire Co.,
390 F.2d 27 (5th Cir.1968) and H. Bell and Associates, Inc. v. Keasbey and Mattison Co.,
140 So.2d 125 (Fla. 3d. DCA 1962), in support of its assertion that it fully complied with the provisions of F.S.A. Section
48.081....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 9456, 1996 WL 511568
...[4] The jurisdictional analysis with respect to Julana is an easier matter. Plaintiffs alleged, and Reynolds later confirmed in her affidavit, that Julana is a Florida corporation with its principal place of business in Dade County. Reynolds is Julana's president. Section
48.081(1)(a), Florida Statutes (1995) authorizes service of process on a Florida corporation by serving the president of the corporation. In Fowler v. Chillingworth,
94 Fla. 1,
113 So. 667 (1927), the supreme court addressed a predecessor to section
48.081 and stated: [S]ervice of process against a domestic corporation may be made upon its nonresident officers by delivering to them in the state of their residence or other place where they may be a copy of the writ.......
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2012 WL 4798610, 2012 Fla. App. LEXIS 17423
...[the] statutory requirements [outlined in section
48.21] of a proper return of execution of process.”). But see Bank of Am., N.A. v. Bornstein,
39 So.3d 500, 504 (Fla. 4th DCA 2010) (“Neither the original nor the amended return of service showed the absence of the statutorily prescribed [, pursuant to section
48.081,] superior classes of persons who could have been served.”); Gonzalez,
472 So.2d at 864 (suggesting that in addition to deficiencies in a return under section
48.21, the lack of a requirement listed in section
48.031(l)(a) could make a return of service defective on its face)....
CopyCited 3 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 17084, 1993 WL 498867
...of Defendant’s employees. 2. If process was served upon Doris Kelly it was not in accordance with federal or state law. Plaintiff did not perfect service of process under Federal Rule of Civil Procedure 4(d)(3) or Florida Statutes §§
48.091 and
48.081 which provide for service of process on a corporation....
...d in accordance with Federal Rule of Civil Procedure 4(d)(3) or by following the state law in which the district court is located. In this case, the controlling Florida law as to service of process on a corporation are Florida Statutes §
48.091 and §
48.081. Section
48.091 deals with service of process upon a corporation’s registered agent. Section 48.-081, provides for service of process upon a corporation according to a hierarchy of officers or agents that service must be made upon. Section
48.081 provides: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice-president, or other head of the corporation; and in his absence: (b) On the cashier, treasurer, secretary or genera...
...aw to receive service of process. Thus, Ms. Kelly does not fall within the requisite class of persons to be served in order to effect service upon a corporation under Rule 4(d)(3). Service of Process was not properly perfected under Florida Statutes § 48.081....
...As stated in her affidavit, Ms. Kelly is not a president, vice president, general manager, cashier, treasurer, secretary, director, business agent, or any other officer or manager in Defendant Company as those terms are used within the statute. “Strict compliance with § 48.081 requires that a return which shows service upon an inferior officer or agent must demonstrate that all members of a superior class could not first be served.” Dade Erection Serv., Inc....
...Sims Crane Serv., Inc.,
379 So.2d 423, 425 (Fla. 2d DCA 1980). As Defendant points out, Plaintiff has not adequately shown that there had been an attempt to serve any of the superior classes of officers or agents of Defendant Company in accordance with the hierarchy as set but in §
48.081....
...Given that pro se Plaintiff has now obtained counsel, the Court will permit Plaintiff ten (10) days from the date of this order to perfect service of process upon Defendant pursuant to either Federal Rule of Civil Procedure (4)(d) or Florida Statutes §§
48.081 or
48.091....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 17638, 2010 WL 4628571
...In 2004, the Florida Legislature addressed the problem posed by the designation of private mailboxes as the registered office for corporations with two amendments to chapter 48 of the Florida Statutes. First, the legislature added subsection (b) to section 48.081(3) as follows: If the address provided for the registered agent, officer, director, or principal place of business is a residence or private mailbox, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1179, 1985 Fla. App. LEXIS 13942
...The officer's affidavit of service recites that service was effected by leaving a copy with William Moccio, the "office manager, agent and person in charge of defendant Kindle Trucking Co., Inc. at the time of service." Among other issues, Kindle argues that service was ineffective because it was not made in compliance with section 48.081, Florida Statutes (1983), but we need not address that issue....
CopyCited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 27995, 2009 WL 890093
...Rule 4(e) is applicable to service effected within the United States, regardless of where defendant is located. Silvious v. Pharaon,
54 F.3d 697, 701-02 (11th Cir.1995). Rule 4(e) further provides for service of process in accordance with state law in the state where the district court is located. Section
48.081 of the Florida Statutes specifically provides that service on a domestic or foreign corporation can be made on a director of the corporation under these circumstances. Fla. Stat.
48.081(1)(c)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 878
...The Richardsons brought an action for negligence against, among others, Pinellas Emergency Mental Health Services, Inc. (a Florida corporation), hereinafter referred to as PEMHS. The Richardsons elected to achieve service of process on PEMHS under subsection (3) of section 48.081, Florida Statutes (1985)....
...It appears from the pleadings before us that a default was entered against PEMHS on April 8, 1986. [2] On May 13, 1986, PEMHS filed a motion to quash service of process alleging as grounds that it had been served at an improper time and that the associate director was not one of the proper individuals to be served under section 48.081....
...advise the defendant as to the nature of that claim, and to afford the defendant an opportunity to defend against it." American Hospital of Miami, Inc. v. Nateman,
498 So.2d 444, 445 (Fla. 3d DCA 1986). This court has previously held that "sections
48.081 and
48.091 provide the exclusive means of effecting service of process on an active corporation, and these provisions must be strictly construed." Dade Erection Services, Inc....
...port, Inc. v. Amoco Oil Co.,
402 So.2d 522 (Fla. 1st DCA 1981) should lead us to an affirmance of the trial court's order quashing service of process in the instant case. We disagree. Both of those cases concern the construction of subsection (1) of section
48.081....
...Thus, we reverse and vacate the trial court's order and remand this matter to the trial court with instructions that the default previously entered against PEMHS be reinstated. [3] Reversed and remanded with instructions. SCHEB, A.C.J., and HALL, J., concur. NOTES [1] § 48.081(3), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 161023
...r, director, agent, or shareholder of Rocko and has never conducted any business for Rocko in Florida or elsewhere. The trial court denied the motion to quash, stating that the Investors had served Mr. Haueter as director of Rocko in compliance with section 48.081, Florida Statutes (2005). Section 48.081 provides in pertinent part as follows: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person describe...
...ssumed or performed any duties as an officer or agent of Cole, and has not conducted any business in Florida or elsewhere for Cole. The trial court denied Cole's motions to quash service of process, again finding that the Investors had complied with section 48.081....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 WL 54411
...The returns of service show that in two cases, the notary served the receptionist at the resident agent's offices and in the other case service was effected on the resident agent's law clerk. As stated in Washington Capital Corp. v. Milandco, Ltd., Inc.,
665 So.2d 375 (Fla. 4th DCA 1996), section
48.081, Florida Statutes (1999), governs service of process on corporations, and the statute "must be strictly construed and strictly complied with." There service was quashed because it was effectuated on a secretary/receptionist of the foreign corporation....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...State of New Mexico. This timely appeal from that order followed. There was no question as to jurisdiction of the circuit court in Polk County to proceed, service of process having been accomplished upon appellees here in Florida in accordance with Section 48.081(5), Florida Statutes, which authorizes service on any corporation having a business office in the state and engaged in transaction of business therefrom....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1974 Fla. App. LEXIS 7330
...he person. *891 A hearing was conducted thereon and thereafter the trial judge entered the herein appealed order denying these defense motions and specifically finding therein that service of process was effected properly pursuant to §§
48.181 and
48.081 Fla....
...was sufficient to confer jurisdiction over the person of the defendant. We next turned our consideration to appellant's second point on appeal which challenges the sufficiency of the service of process upon Elizabeth Rom as business agent pursuant to § 48.081 Fla....
...he defendant club. Cf. George A. Hormel & Company v. Ackman,
117 Fla. 419,
158 So. 171 (1934); Bradberry v. Frank L. Salvage, Inc., Fla.App. 1966,
190 So.2d 183. Thus, we hold that the service of process upon Elizabeth Rom was sufficient pursuant to §
48.081(5) which reads as follows: "
48.081 Service on corporations * * * * * * "(5) Where a corporation has a business office within the state and is actually engaged in the transaction of business therefrom, service upon any officer or business agent, resident in the state, may person...
...e of process properly was perfected under §
48.181 Fla. Stat. hereby is stricken; the remainder of the order denying defense motions to dismiss for lack of jurisdiction over the person and finding that service of process properly was effected under §
48.081 Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 18099, 2002 WL 31757610
...hat date. A second affidavit of an S.T.R. delivery driver stated that he found the complaint and summons in the parking lot outside S.T.R.'s business on December 5, 2001. A supplemental affidavit stated that Mary McKillip was not an S.T.R. employee. Section
48.081, Florida Statutes (2001), governs service of process on corporations and must be strictly complied with. See International Steel Truss Co. v. Artec Group, Inc.,
824 So.2d 340 (Fla. 2d DCA 2002). Section
48.081(1) specifies a certain hierarchy of individuals upon whom process against a corporation may be *264 served....
...Inn Keepers Supply Co.,
464 So.2d 652, 654 (Fla. 4th DCA 1985). Subsection (1) requirements are much stricter and much more specific than the requirements for service of process under subsection (3). See Richardson v. Albury,
505 So.2d 521, 522 (Fla. 2d DCA 1987). Section
48.081(3) allows alternative service on any employee at the corporation's place of business if the corporation has failed to designate a registered agent pursuant to section
48.091....
...However, this subsection only applies to corporations licensed or qualified to do business in Florida and therefore does not apply to service on S.T.R. See Washington Capital Corp. v. Milandco, Ltd.,
665 So.2d 375, 376 (Fla. 4th DCA 1996). Hidalgo failed to follow the requirements of section
48.081(1), and thus it failed to properly serve S.T.R....
...necessity for substitute service. The affidavit of the process server failed to indicate that the business agent was served in the absence of superior officers. Service of process is therefore quashed. Reversed. NOTES [1] The pertinent provisions of section 48.081 provide: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any person described in paragraph (a) on the cash...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 22590
...eals. Both parties spend time arguing about whether the served employee held himself out to be the office manager, was in *425 fact the office manager, or was merely the bookkeeper. However, under the facts of this case we do not believe it matters. Section 48.081, Florida Statutes (1981), which governs service of process on corporations, must be strictly construed Carlon, Inc....
...Not only was no such proof adduced here, but to the contrary, proof established that the general manager was in fact a different person altogether and he was physically present on the premises when the summons was served. We, therefore, hold that the term "office manager" used in this particular summons, fails to comply with Section 48.081....
CopyCited 3 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 135854, 2011 WL 5865293
...brought in courts of general jurisdiction in the state where the district court is located or where service is made." Fed.R.Civ.P. 4(e)(1). Florida service of process on a corporation doing business in the State of Florida is governed by Fla. Stat. § 48.081(1)....
CopyCited 3 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 4183, 1990 WL 42567
...Crawley is not designated nor authorized to accept service for Defendant and has not been retained as counsel for Defendant in this cause of action. (Crawley affidavit). Service of process in this instance, pursuant to Florida's long-arm statute, is governed by Florida law. Section 48.081, Florida Statutes, provides that service on a corporation, domestic or foreign, may be served on various persons, including president, vice-president, cashier, treasurer, secretary, general manager, director, officer, business agent re...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 1131697
...We affirm the circuit court's order quashing service of process on appellee Cameo Services, Inc. and vacating the clerk of court's default. The affidavit filed by the process server noted that service was effected on a corporate employee. The affidavit referred to "F.S. 48.081(3)" but said nothing more....
...991). A "sworn statement in support of constructive service does not require the inclusion of specific facts showing that a diligent search ha[d] been undertaken." Demars,
625 So.2d at 1223. This is in contrast to an affidavit of service filed under section
48.081, which must show the necessity for substitute service....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17378, 2011 WL 5170016
...Florida, and had appointed the Secretary of State as its agent for service of process. Therefore, regardless of whether The Mills was a dissolved corporation on the date of attempted service, the proper method of service in this case is dictated by section
48.081, Fla. Stat. (2007). Section
48.101, Florida Statutes (2007), titled “Service on dissolved corporation,” provides that process shall be served in accordance with Section
48.081, Florida Statutes (2007). Section
48.081, titled “Service on corporation,” provides, in pertinent part: (1)Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the abs...
...However, if service cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent. Section
48.081 does not authorize service on former presidents, officers, or directors, etc., of a dissolved or existing corporation....
...ng in such positions at the time of service. Int’l Steel Truss Co. v. Artec Grp., Inc.,
824 So.2d 340, 342 (Fla. 2d DCA 2002). The Second District specifically explained: [sjervice on a corporation may be accomplished by serving a person listed in section
48.081(1) only if the person legally fills the position described at the time of such service....
...it and an opportunity to defend— was not accomplished by serving the former CEO who no longer had any affiliation with either The Mills or Simon Group. In sum, the trial court did not properly acquire jurisdiction over The Mills in compliance with section 48.081....
CopyCited 2 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463
...rved on one or more of the directors of the dissolved corporation as trustees thereof and binds all of the directors of the dissolved corporation as trustees thereof. Process against any other dissolved corporation shall be served in accordance with s. 48.081....
...Based upon the foregoing, we quash the decision of the Second District below, and remand for further proceedings consistent with this opinion. In so doing, we disapprove Liszka and Wong. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur. NOTES [1] Section
48.081, Florida Statutes (2000), provides for service on a corporation by serving officers of the corporation or, in their absence, any director, or in their absence, any officer or business agent residing in the state. As an alternative, process may be served on "the agent designated by the corporation under section
48.091." Id. §
48.081(3)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 18697, 2014 WL 5877947
...o quash. After Appellants’ motion for rehearing was denied, this appeal followed. Salon Dominicano claims that the trial court erred in entering a final judgment of foreclosure against it because it was not properly served with process pursuant to section 48.081, Florida Statutes (2013)....
...4th DCA 2010) (“A trial court’s ruling on a motion to quash service of process consists of a question of law subject to a de novo standard of review.” (citing Mecca Multimedia, Inc. v. Kurzbard,
954 So.2d 1179, 1181 (Fla. 3d DCA 2007))). Valid service of process on a corporation is effected by complying with section
48.081, Florida Statutes, which provides: (1)Process against any private corporation, domestic or foreign, may be served: (a)On the president or vice president, or other head of the corporation; (b) In the absence of any person described in p...
...tered agent. A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt of service even if the registered agent is temporarily absent from his or her office. § 48.081(1)-(3)(a), Fla....
...However, if the return is defective on its face, it cannot be relied upon as evidence that the service of process was valid. Id. (citations omitted). In limited circumstances, valid service of process can be obtained against a corporation’s employee. Section 48.081(3)(a) permits service on a corporation by serving the corporation’s registered agent, who is required to be present at the corporation’s registered office during weekdays from 10 a.m....
...“However, if service of process cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted on any employee at the corporation’s principal place of business or on any employee of the registered agent.” §
48.081(3)(a), Fla....
...s, and therefore, did not have a factual basis for serving Salon Dominicano’s “employee,” Hernandez, at its principal place of business. The return of service was also defective on its face because it had none of the required information under section 48.081, Florida Statutes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19095, 2010 WL 5093224
...al jurisdiction. The manufacturer objected to jurisdictional discovery, based in part on the pending motion to quash service. The buyer then filed a motion to compel production, claiming service on the manufacturer was proper through either sections 48.081(l)(d) or (2), Florida Statutes (2009)....
...a Secretary of State’s website. The buyer represented that the manufacturer was still registered to do business in Florida, but did not have a registered agent. The buyer therefore served the authorized distributor as a business agent, pursuant to section 48.081, Florida Statutes (2009)....
...Nat’l Loan Acquisitions Co.,
969 So.2d 467, 471 (Fla. 5th DCA 2007)). On its face, the return appears to be valid. However, as the manufacturer established, the buyer failed to plead and prove proper service under a provision of the Florida statutes. Under the relevant sections of
48.081, process against a foreign corporation may be served “on any officer or business agent residing in the state” or “on any agent transacting business for it in this state.” §
48.081(1)(d) and (2), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 73859, 2007 WL 2908089
...sh Service of Process (Doc. # 13). [3] II. Defendant's Motion to Quash Service of Process Rule 4(e) (1), Fed.R.Civ.P., provides for service upon a nonresident "pursuant to the law of the state in which the district court is located." Florida Statute § 48.081 governs service of process on corporations, and allows for service of process on "any employee at the corporation's principal place of business or on any employee of the registered agent." Fla. Stat. § 48.081(3)(a)....
...Artec Group, Inc.,
824 So.2d 340 (Fla. 2d DCA 2002), quoting York Communications, Inc. v. Furst Group, Inc.,
724 So.2d 678 (Fla. 4th DCA 1999); see also Lisa S.A. v. Gutierrez,
806 So.2d 557 (Fla. 3d DCA 2002). Furthermore, the purpose of the hierarchy set forth in §
48.081 is to "have service made upon some one who is held responsible by the corporation and it contemplates that service shall be made, whenever possible, on the more responsible officers before resorting to service upon one of the inferior officers or agents of the corporation." Emery Worldwide, Inc....
...y, such as seen here, is exercised by the parent company within Florida. Aquila Steel Corp.,
585 So.2d at 427. Additionally, despite the fact that service of process in this case occurred on an recipient at the bottom of the hierarchy established by §
48.081, the purpose of the statute was still effected....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16803, 2014 WL 5149106
...s (2012). The Judgment Debtor made a general appearance and sought to dissolve the writ. At the hearing on Judgment Debt- or’s motion, counsel argued that the writ should be dissolved because it was not served on a proper bank official pursuant to section 48.081(1), Florida Statutes (2012), and was improperly served on the Bank via certified mail instead of hand-delivery by the sheriff or certified process server....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 14199, 2001 WL 1190893
...The writ was served upon Emery's general manager, Xavier Jasso ("Jasso"), at Emery's Miami Dade County facility. The process server's return of service stated service was made on a "general manager... in the absence of any superior officer as defined in Florida Statute, Section 48.081." Emery failed to respond to the writ and a clerk's default was entered against it in January of 2001....
...ve service of process on behalf of Emery. At the conclusion of the hearing, the trial judge found that Emery had not provided clear and convincing evidence to overcome the presumptive validity of the return of service and denied the motion to quash. Section 48.081, Florida Statutes (2000) sets forth the manner of service on a corporation's hierarchy that must be followed in serving process on a corporation....
...Outdoor Media, Inc.,
250 So.2d 649 (Fla. 4th DCA 1971). Since service was required either upon the registered agent or upon the vice-president, we reverse the order below with instructions to the trial court to quash service of the writ and vacate the clerk's default. See §
48.081, Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420
...’s registered agent. Section
48.091(1), Florida Statutes (2010), requires that every foreign corporation that transacts business in Florida “shall designate a registered agent and registered office in accordance with chapter 607.” In addition, section
48.081(3)(a) permits that “process may be served on the agent designated by the corporation under s.
48.091.” §
48.081(3)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...In addition, appellant urges that the court has jurisdiction of Beck because the valid service on Van Heusden is also valid as to him as a co-partner. We agree. Any foreign or domestic corporation may be properly served within Florida when it has a business office and an officer residing in the state by virtue of § 48.081(5) F.S.A....
...Therefore, service upon Van Heusden in Melbourne was sufficient also as to the corporation. Likewise, §
48.061(1) F.S.A. provides that service upon one partner is valid as to other partners, and service upon Van Heusden was sufficient as to Beck. We recognize that §
48.081 F.S.A....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 17719, 2009 WL 4061228
...the verified return of service filed by the process server avers that he served Electronic Wireless at 11:40 a.m., not 9:00 a.m., on February 23, 2009, by serving Cardona, who was authorized to accept service for the corporation's registered agent. Section 48.081(3)(a), Florida Statutes (2008), provides: "[P]rocess may be served on the agent designated by the corporation under s....
CopyCited 1 times | Published | District Court, S.D. Florida | 1968 U.S. Dist. LEXIS 9983
...es: First, by substituted service by serving the Secretary of Státe pursuant to §
48.181, Florida Statutes, F.S. A.; and secondly, by serving the district manager of the Kellogg Sales Company as “business agent” of Kellogg Company, pursuant to §
48.081, Florida Statutes, F.S.A....
...ties in Florida and that substituted service of process pursuant to §
48.181, Florida Statutes, F.S.A., was invalid. It is now necessary to consider the alternative method employed by the Plaintiff to obtain jurisdiction over Kellogg Company, under §
48.081, Florida Statutes, F.S.A. After the Florida Supreme Court decided Illinois Central Railroad Company v. Simari, supra, what is now §
48.081, Florida Statutes, F.S.A., was amended (the “Simari Amendment”) to eliminate this connexity requirement where a foreign corporation maintains an office in the state and transacts business from it. In this regard, the Court of Appeals for the Fifth Circuit has recently considered the connexity requirement and the so-called “Simari Amendment” [§
48.081(5), Florida Statutes, F.S.A.] in Woodham v....
...he offices of Kellogg Sales are also the offices of Kellogg Company. Therefore, service of process on the district sales manager of Kellogg Sales as business agent of Kellogg Company is invalid since the facts of the case do not satisfy the terms of § 48.081(5), Florida Statutes, F.S.A....
CopyCited 1 times | Published | District Court, N.D. Florida | 2001 WL 36106168, 2001 U.S. Dist. LEXIS 18706
...Stat. §
48.011, and the newer "long-arm" approach under which service may be made outside the state, see Fla. Stat. §
48.193. [4] For a corporation, service within the state may be made on specified officers or the registered agent. See Fla. Stat. §
48.081....
...Service of the case at bar was made on the registered agent in Florida. This was traditional, within-the-jurisdiction personal service. The entire premise of Delphi's motion to dismiss, however, is that service of process on an out-of-state corporation's registered agent under §
48.081 is not alone sufficient to provide jurisdiction, but that, instead, personal jurisdiction over an out-of-state corporation exists only if the criteria of Florida's long-arm statute, §
48.193, are met....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...7
White and Ulloa are inapposite. See, e.g., Magwitch, LLC v. Pusser’s W.
Indies Ltd.,
200 So. 3d 216, 218 (Fla. 2d DCA 2016). First, White addresses the
sufficiency of service of process under section
48.081, Florida Statutes (1983), and
does not address due process considerations.5 White v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5465, 2015 WL 1651226
...That same day, Morgan Stanley froze the appropriate accounts
pursuant to the writ. The following day, Morgan Stanley filed a motion to quash
1 The Return of Service reads, in pertinent part,
I . . . do hereby affirm that on the 15th day of August, 2013, at 11:30
am [sic], I: served a CORPORATION pursuant to F.S. 48.081, by
serving a true copy of the Writ of Garnishment; Plaintiff’s Motion for
Writ of Garnishment; Claim of Exemption and request for Hearing
Form with the date and hour of service endorsed thereon by me, to
KAREN MEN...
...Morgan Stanley had to demonstrate the invalidity of the
service of process by clear and convincing evidence before the motion to quash
could be granted. See Travelers Ins. Co. v. Davis,
371 So. 2d 702, 703 (Fla. 3d
DCA 1979).
With that in mind, we look to section
48.081, Florida Statutes (2013), which
provides the method for service of process on a corporation....
...If this
requirement is not met, a court's jurisdiction is not perfected, and any judgment
entered is void. Id. at 740. As an alternative to any of these, service may be
perfected on the registered agent designated by the corporation to accept service of
process. See § 48.081(3), Fla. Stat. (2013). The object of section 48.081 is to have
service made upon someone who is held responsible by the corporation, “and it
contemplates that service shall be made, whenever possible, upon the more
responsible officers before resorting to service upon one of the inferior officers or
agents of the corporation....
...Vista St. Lucie Ass'n, Inc.,
804 So. 2d 372, 373 (Fla. 4th DCA 2001) (affirming
quashal of service of process on corporation where the affidavit filed by the
process server noted that service was effected on a corporate employee, referred to
“F.S.
48.081(3)” but said nothing more); Nationsbanc Mortg....
...Mendez was none of the persons indicated in the statute as an
acceptable corporate representative to accept service of process. She is not,
contrary to Gibraltar’s argument, a “business agent” authorized to accept service of
process pursuant to section 48.081(5), where “business agent” refers to someone
having general authority to act for the corporation and whose duties are closely
related to those of the officers of the corporation....
...d who officially speaks for
it in the local business affairs of the corporation.”)).
Gibraltar did not ensure that the writ of garnishment was served on a
corporate officer, manager, or registered agent for service of process pursuant to
section 48.081 – any of whom could have easily been determined prior to service.
It is apparent that Gibraltar had the knowledge and means to effect proper service
of process on the correct corporate representative from the outset, because it
im...
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13382, 2016 WL 4649484
...for long-arm jurisdiction set forth in recent decades by the Supreme Court and adopted
in Venetian Salami. See Brown v. Lockheed Martin Corp.,
814 F.3d 619, 639 (2d Cir.
2016). And we find White to be inapposite because it addressed the sufficiency of
service of process under section
48.081, Florida Statutes (1983), and not personal
jurisdiction under section
48.193.
Magwitch alternatively argues that PWI maintained continuous and
systematic business contacts with Florida by registering to do business in...
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15603
...*462 Appellant timely filed this interlocutory appeal. The basic issue for our consideration is whether a foreign corporation (ap-pellee) is bound by the failure of an agent or employee of its resident agent to notify it of service of process. See Florida Statutes, Sections
48.081;
48.181(1) and (2); and
48.091....
CopyPublished | Florida 4th District Court of Appeal
...section
77.055, Florida Statutes (2012).
The Judgment Debtor made a general appearance and sought to
dissolve the writ. At the hearing on Judgment Debtor’s motion, counsel
argued that the writ should be dissolved because it was not served on a
proper bank official pursuant to section
48.081(1), Florida Statutes
(2012), and was improperly served on the Bank via certified mail instead
of hand-delivery by the sheriff or certified process server....
CopyPublished | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 21351, 2003 WL 22810297
...4(e)(1), the service requirements for Dominik's attempted service of process upon both Comsof and De Geetere can be satisfied "pursuant to the law of the state in which the district court is located ..." Application of Florida's long arm statute, Fla Stat. Ann. § 48.081, therefore determines whether service was effected upon Defendants....
..., and it is not necessary in such case that the action, suit, or proceeding against the corporation shall have arisen out of any transaction or operation connected with or incidental to the business being transacted within the state. Fla. Stat. Ann. § 48.081 (West 2003). At first glance, service was properly effected on Comsof in accordance with Fla. Stat. Ann. § 48.081, as De Geetere appeared in Florida arguably on behalf, or *1290 as an agent, of Comsof when served....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 17063, 2003 WL 22658403
...lt judgment and quash service of process in a commercial lease action. Appellant raised three points on appeal, arguing in the first point that service of process should be quashed for failure to properly perfect service on a corporation pursuant to section 48.081, Fla....
...Based on the confession of error as to this first point filed by appellee, One River Plaza, we reverse and remand with instructions to the trial court to quash service of process and vacate the final default judgment, without prejudice to appellee to perfect service in compliance with section 48.081, Fla....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 4954, 1997 WL 231483
...See Florida West Coast Railroad v. Maxwell,
601 So.2d 298 (Fla. 1st DCA 1992). Additionally, the trial court’s decision to vacate the default was proper due to the Bank’s improper service of process on Ms. Buys, a clerical employee of the corporation. See §
48.081 Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 13248
corporation is accomplished as provided in Section 48.-081(1), Florida Statutes: (1) Process against any
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1344, 1985 Fla. App. LEXIS 14219
...48.091.” Appellee filed a motion to quash the attempted service on the grounds that Drago was not the resident agent of the defendant, nor an employee, nor one of the statutorily designated classes of persons enumerated for service of process in section 48.081, Florida Statutes (1984)....
...on Arthur Little, registered agent, at the same address. Once again, the Sheriff’s Return reflects service on an employee of the defendant corporation named Marvin Lieberman. The return contains the same printed language regarding compliance with section
48.081(3) for failure to comply with section
48.091, Florida Statutes (1984). The return also indicates the sheriff made four attempts to serve process at the corporation’s designated address and found no officer or agent present — so he “served Marvin Lieberman [Assistant Manager] as employee per
48.081.” Prior to the hearing on the original attempted service appellant moved to quash this second attempted service on Lieberman....
...Sharp Electronics Corp.,
436 So.2d 324 (Fla. 4th DCA 1983), involving a similar attempted service upon appellant via the same employee, Dra-go, we reversed an order upholding service on the ground the record showed he was not an employee. An examination of the pertinent statutes, sections
48.081 and
48.091, shows that service upon an employee pursuant to section
48.081(3) may be resorted to when service cannot be made upon the agent registered under section
48.091, but in all events the person substituted for the registered agent must be an employee....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 6622, 2007 WL 1263951
...We affirm both orders on appeal. The Defendant, U.S. Management, filed a motion to dismiss the Plaintiffs’ second amended complaint contending that it was not properly served. The Plaintiffs argued that U.S. Management was served on April 4, 2006, pursuant to section 48.081(3)(a), Florida Statutes (2005)....
...Here, the trial court properly found that the Plaintiffs failed to effectuate service on U.S. Management on April 4th because the Plaintiffs failed to meet their burden of proving at the hearing that the corporation was in violation of section
48.091, thereby permitting service under section
48.081(3)(a)....
...et the proponent’s burden *1189 of establishing proper service”) (citation omitted). Accordingly, we affirm the trial court’s orders granting U.S. Management’s motion to dismiss and denying the Plaintiffs’ motion for rehearing. Affirmed. . Section
48.081(3)(a) provides that "if service cannot be made on a registered agent because of failure to comply with s.
48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent." §
48.081(3)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 1810642, 2013 Fla. App. LEXIS 6902
...en months after Layfield’s affidavit was filed). On this record, the motion to vacate should not have been granted. The Association’s argument that the judgment was void is incorrect. Service on the registered agent’s employee was proper under section 48.081(3)(a), Florida Statutes (2010). Chapter 2004-273, section 2, Laws of Florida, amended section 48.081(3)(a) to add that “service of process shall be permitted on ......
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 3558, 2002 WL 428868
...rporation, provided that process could be served only on a trustee director of a dissolved corporation. After the 1997 amendment, section
48.101 now provides that service on a corporation dissolved after July 1, 1990, must be made in accordance with section
48.081, Florida Statutes (2000). See Camella v. Auto-Owners, Inc.,
801 So.2d 94, 97 (Fla.2001). 1 Section
48.081, in turn, provides for service of process by serving the president, vice president or head of a corporation, or in their absence, by serving the next category of persons: the cashier, treasurer, secretary or general manager. Alternatively, the registered agent can be served. See Fla. Stat. §
48.081 (3); Fla. Stat. §
48.091 (1). If service cannot be made because a corporation has not designated a registered agent, service is permitted on any employee at the corporation’s place of business. See Fla. Stat. §
48.081 (3); Fla. Stat. §
48.091 (1). The plaintiff chose to serve process in accordance with the method prescribed in
48.081(1), rather than serve the registered agent as provided in
48.081(3)....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 2355, 1991 WL 35361
...in personam jurisdiction over the defendant. According to the return of service, the plaintiff’s complaint was served on “Susan Shafronsky as Station Mgr.... of defendant corporation in the absence of any superior as defined by Florida Statute, Section 48.081_” (R.9). Contrary to defendant’s contention, this return constituted prima facie evidence of proper service on the defendant corporation under Section 48.081(l)(b), Florida Statutes (1989)....
...Martinez’ affidavit fails to establish by clear and convincing evidence that he was “the president or vice president, or other head of the corporation” and was otherwise available for service at the defendant’s business when service was perfected on Ms. Shafronsky, § 48.081(l)(a), (b), Fla.Stat. (1989), and (2) Ms. Shafronsky’s affidavit fails to establish by clear and convincing evidence what her exact position was with the defendant corporation and that she was not “a general manager” of same. § 48.081(l)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5998
...Appellant, a foreign corporation not qualified to transact business in Florida, brings this interlocutory appeal to review an order denying its motion to quash the purported service of process upon it. The trial court found that service was made under the provisions of F.S.1967, Section 48.081(2), F.S.A....
CopyPublished | Florida 3rd District Court of Appeal
...appeals a
final judgment of foreclosure. It challenges service of process and alleges
that it was improperly served by substitute service on the Secretary of State.
Because we find New Beginning Missionary Baptist Church was served in
strict compliance with sections
48.081 and
48.161, Florida Statutes, we
affirm. See §
48.081(4)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...David C.
Miller, Judge.
Houston Roderman, PLLC, and Bart A. Houston (Fort Lauderdale), for
appellants.
Sasha Bardelas, P.A., and Sasha Bardelas, for appellee.
Before EMAS, SCALES and MILLER, JJ.
PER CURIAM.
Affirmed. See § 48.081(3)(a), Florida Statutes (2020) (“As an
alternative to [the hierarchical service on corporate officers pursuant to
section 48.081(1)-(2)], process may be served on the agent designated by
the corporation under s....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15326
PER CURIAM. The issue presented is simply whether the Florida Insurance Guaranty Association, Incorporated, may be served as a private corporation pursuant to Section 48.081, Florida Statutes (1977)....
...ration of statewide authority created for public purposes relevantly connected with the administration of government.” O’Malley v. Florida Insurance Guaranty Association, Inc.,
257 So.2d 9 (Fla.1971). As such, it is not amenable to service under Section
48.081, Florida Statutes (1977), which is by its terms limited to service upon private corporations....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 6492
...We reverse the trial court’s denial of defendant’s motion to quash service of process because the uncontradicted evidence reflects that the person served was not an officer, agent, employee or any other person on whom service can be made under section 48.081, Florida Statutes (1991)....
CopyPublished | Florida 4th District Court of Appeal
...Thus, there was a conflict in the
evidence as to whether Walton was acting for IUHS or an affiliated
Canadian company which executed many administrative tasks for IUHS.
Taking the evidence in favor of the trial court’s ruling, we conclude that
Walton was acting as Director of Finance for appellant IUHS.
Section 48.081, Florida Statutes (2017), provides in part:
(1) Process against any private corporation, domestic or
foreign, may be served:
(a) On the president or vice president, or other head of the
corporation;
(b)...
...agent residing in the state.
(2) If a foreign corporation has none of the foregoing officers or
agents in this state, service may be made on any agent
transacting business for it in this state.
Without a definition of the term “director” in section 48.081(1)(c), we
are unsure whether a “director of finance” is included in this service
hierarchy under that section, or whether “director” means a director on
the board of directors of a corporation. More likely, a director of finance
would be considered a “business agent” pursuant to section 48.081(1)(d).
As noted in the memorandum filed by appellee and relied on by the trial
court in its ruling, Walton held himself out to the public as a Director of
Finance, managed its finances, and spoke for the corporation in his
communications with students and vendors....
...Heffernan,
195 So. 145, 147 (1940)). While
“[s]tatutes governing service of process should be strictly construed, and
valid service on a corporation may be effected only by complying with such
statutes,” Bornstein,
39 So. 3d at 502, “[t]he object of section
48.081 is to
have service made upon someone who is held responsible by the
corporation ....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6320
...lorida. Appellant contends that there is no statutory authority which provides for service of process on a corporation of its nature. Appellant argues that it is not a private corporation, thus precluding it from being within the scope of Fla. Stat. § 48.081 , F.S.A....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13954
absence of any superior officer as defined in F.S.
48.081”. Venue was attacked by a motion to dismiss filed
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 36, 2012 WL 10826
...Verabella Falls later filed a motion to vacate the final judgment, pursuant to Florida Rule of Civil Procedure 1.540. That motion was denied and this appeal followed. In its appeal, Verabella Falls argues that the process server was required to follow the corporate hierarchy set forth in section 48.081(1), Florida Statutes (2004), asserting that this subsection applies equally to service on a corporate defendant and its registered agent. This argument is without merit. Section 48.081, Florida Statutes (2004), provides in pertinent part: (1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (b) In the absence of any...
...porarily absent from his or her office. (Emphasis added). Verabella Falls cites our decision in Lisa, S.A. v. Gutierrez,
806 So.2d 557 (Fla. 3d DCA 2002) for the proposition that service upon a registered agent must follow the hierarchy set forth in section
48.081(1)(a) through (d)....
...). Because the defendants in Lisa and Washington Capital were foreign corporations not qualified to transact business in this state, and had no registered agent in Florida, service of process could not be made pursuant to the alternative provided in section 48.081(3), but had to be accomplished pursuant to the hierarchical categories of section 48.081(1)(a)-(d)....
...Indus. v. Hidalgo Corp.,
832 So.2d 262 (Fla. 3d DCA 2002). Lisa does not stand for the proposition that service of process on registered agents of corporations qualified to transact business in Florida must comply with the hierarchical provisions of section
48.081(1)(a)-(d). This would contravene the plain language of section
48.081(3)(a), which expressly provides an alternative method of service of process upon registered agents of such corporations....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1232, 2015 WL 403999
...1.070(e) ("The date and hour of service shall be
endorsed on the original process and all copies of it by the person making the service.").
Section
48.21(2) adds that although the return-of-service is amendable, the failure to
state the required facts invalidates the service. Section
48.081(3)(a) provides that a
corporation who has not designated a registered agent can be served by serving "any
employee at the corporation's principal place of business."
"[S]tatutes governing service of process must be stri...
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6412, 1970 A.M.C. 505
...Based upon these findings the trial court quashed the service of process because of lack of minimal contact on the part of the defendant, Weston Shipping Company, Ltd., with the state of Florida. Appellant argues on appeal that he followed the requirements of § 48.081 Fla....
CopyPublished | Florida 3rd District Court of Appeal
...2d 467, 471 (Fla. 5th DCA 2007)) (“If the return [of service] is regular on
its face, then the service of process is presumed to be valid and the party
challenging service has the burden of overcoming that presumption by clear
and convincing evidence.”); § 48.081(1)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1979 Fla. App. LEXIS 14445
Palmer and Lazor, P.A.”, as provided for in Section
48.081, Florida Statutes. The sheriff’s return shows
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18691
...on behalf of’ the corporation. The record indicates the. corporation was available and amenable to service of process. Indeed, plaintiff was the president of the corporation and could have accepted service of process on behalf of the corporation. Section 48.081(l)(a), Florida Statutes (1979)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13621, 1997 WL 751963
...Ludwig, the Court will find that there was a good Service of Process here.” The court then entered its order denying both the motion to quash service and the motion to dismiss. Appellants challenge this order. We affirm. Appellees argue that service was appropriate against the corporation because they complied with section 48.081(3), Florida Statutes: As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s....
CopyPublished | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 16440, 47 Empl. Prac. Dec. (CCH) 38, 213, 47 Fair Empl. Prac. Cas. (BNA) 820
...in which the district court is held for the service of summons or other like process upon such defendant in an action brought in the courts of general jurisdiction of that State____” In Florida, service of process upon a corporation is governed by § 48.081 of the Florida Statutes....
...Reliance on Ludlum Enterprises is misplaced. In that case the court found that denial of a motion to quash was improper because the party opposing the motion had not shown that any of the officers or agents listed in subsection (l)(a) through (d) of § 48.081 were absent and could not be served....
...For this proposition, Defendant relies upon Dade Erection Serv. v. Sims Crane Serv.,
379 So.2d 423 , 426 n. 9 (Fla. 2d Dist.Ct.App.1980). The flaw in Defendant’s reliance on Dade Erection Serv. lies in the fact that the case interpreted an earlier version of §
48.081 which did not contain the provision which permits service upon “any employee at the corporation’s place of business____” In the absence of Donna Pettegrove, the sole officer *356 and registered agent, it was proper to serve Bradley Pettegrove, an employee present at the place of business....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3758640, 2012 Fla. App. LEXIS 14621
PALMER, J. Charles and Julia Schofield appeal the non-final order entered by the trial court denying their motion to quash service of process. 1 Because the process server failed to strictly comply with section 48.081(5), Florida Statutes (2009), we reverse....
CopyPublished | Florida 3rd District Court of Appeal | 2011 WL 3820376
...cial officer are directors of Sol Group, while another senior Sol Meliá executive is Sol Group’s secretary. After reviewing the case file and hearing counsels’ arguments, the trial court found sufficient record evidence to justify service under section 48.081(2), Florida Statutes (2009)....
...stered agent. We disagree with the trial court’s conclusion that Sol Group is authorized to accept service of process on Sol Meliá’s behalf. The determination of whether a trial court properly ruled on a motion to quash service of process under section
48.081, Florida Statutes (2009), is a question of law which we review de novo. See Alvarado v. Cisneros,
919 So.2d 585, 587 (Fla. 3d DCA 2006). Where a foreign corporation does not have any officers, directors, managers or business agents in Florida, section
48.081(3) provides that process against the foreign corporation may be served on an agent who is transacting business for the corporation in the state. See §
48.081(3), Fla....
...in which Sol Group provides services or conducts its day-to-day activities. Accordingly, the fact that the requisite control may merely be inferred from the nature of the companies’ relationship is insufficient to support substitute service under section 48.081(3), Florida Statutes (2009)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 11565, 1999 WL 641434
...Under the common law rule, a partnership has no identity apart from its members. See Louis Benito Advertising, Inc. v. Brown,
517 So.2d 775, 776 (Fla. 2d DCA 1988). When the general partner of a limited partnership is a corporation, service is made on the corporation’s officers or agents, pursuant to section
48.081, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...a CORPORATION
2
by serving Continuing Writ of Garnishment to Paul Butler Employee as an
employee of said Corporation or Registered Agent in the absence of any
superior officer as defined in Florida Statute, Section 48.081 when
defendant’s corporation fails to comply with F.S....
...flects that the process
server “served a CORPORATION by serving Continuing Writ of
Garnishment to Paul Butler Employee as an employee of said
Corporation or Registered Agent in the absence of any superior officer as
defined in Florida Statute, Section
48.081 when defendant’s corporation
fails to comply with F.S.
48.091.” (emphasis added). The Sunbiz printout
reflects that Peaceful Paws is a Florida limited liability company, and
therefore, service of process is governed by section
48.062, not section
48.081, as set forth in the service of process.
Section
48.062, Florida Statutes (2021), titled “Service on a limited
liability company,” 1 provides, in part, as follows:
(1) Process against a limited liability company, domestic or
1
At the time of service, this version of the statute was in effect....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3171, 1991 WL 46863
...be made only by strictly complying with such statutes. Sierra Holding, Inc. v. Inn Keepers Supply Co.,
464 So.2d 652 (Fla. 4th DCA 1985). Absent valid service of process, the court lacks personal jurisdiction over the corporation.
464 So.2d at 654 . Section
48.081(1), Florida Statutes (1989), 1 states that process against any private corporation, domestic or foreign, may be served: (a) On the president or vice-president, or other head of the corporation; (b) In the absence of any person describe...
...The Simeanidis affidavit was legally sufficient to establish that he did not fit within any of the above categories of section 48.-081(1) and that he could not validly accept service of process for ARW. Service of process on an officer or person listed in section 48.081(1) is effective only if that officer or person legally fills the position described on the date of such service....
...r other evidence to the trial court showing that Simeanidis’s resignation could not become legally effective until the records at the Oklahoma Tax Commission had been changed. It must be remembered that service on the officers or persons listed in section
48.081(1) is to be distinguished from service on a designated resident agent of a foreign or domestic corporation for service of process under sections 48.-081(3) and
48.091; a designated resident agent continues in that capacity as an agent...
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15820
...ranchise agreement granted by Chinetti. Chinetti is a corporation formed under the laws of the State of Delaware, having its principal office and place of business in Pennsylvania. Substituted service was made on Chinetti in the manner prescribed in Section 48.081, Florida Statutes (1975), on the basis of it being a foreign corporation engaged ■ in business in Florida....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16564
contained language identical to the current Section
48.081.]. Accordingly, the order appealed is reversed
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 5221, 2004 WL 784487
...is national organization. Furthermore, the complaint alleges that Cueto injured herself as a direct, proximate, and reasonably foreseeable result of the defendants’ negligence. IV. SERVICE OF PROCESS We turn now to the issue of service of process. Section 48.081, Florida Statutes (1999), permits service of process upon a corporation to be served on the corporation’s authorized agent....
...A corporation’s president is its authorized agent for service of process. See §
607.0504(2), Fla. Stat. (1999). In the absence of the corporation’s president, vice president, or the corporation’s head, process may be served upon a variety of other persons. See §
48.081(l)b-d, (2) Fla. Stat. (1999). Process may be served on the corporation’s designated agent. See §
48.081(3), Fla....
...In this case, it is undisputed that Phil Zamel was the president of both Nevada Golden State and California Golden State at the time in which Cueto effectuated service of process. Notwithstanding the different states of incorporation of Golden State, Phil Zamel was the authorized agent of both corporations under section 48.081, Florida Statutes (1999). Additionally, Phil Zamel was the designated agent of California Golden State under section 48.081(3), Florida Statutes (1999)....
