CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 28920, 53 U.S.L.W. 2523
...In May 1983, they sued these companies in Florida state court, seeking damages under product liability theories of negligence, strict liability in tort and implied warranty. The Florida court had personal jurisdiction over the defendants because they were qualified to transact business in the State of Florida. Fla. Stat. § 48.091 (1983)....
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 29357
...(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. (3) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under Section 48.091....
CopyCited 31 times | Published | Court of Appeals for the Eleventh Circuit
...thus begin by looking at Florida law. The Waites argue that a number of statutory
provisions establish Union Carbide’s consent to general jurisdiction. First, they
point to Florida’s statutory scheme governing service on foreign corporations.
Florida Statutes §
48.091 requires every foreign corporation that transacts business
in Florida to “designate a registered agent and registered office in accordance with
part I of chapter 607.” Florida Statutes §
607.15101(1) in turn provides that a
foreign...
...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 that has appointed an agent to receive
service of process consents to general jurisdiction in Florida....
...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 Supreme Court ans...
...9
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 31 times | Published | District Court, N.D. Florida | 1983 U.S. Dist. LEXIS 18008
...Cudney, who was identified by NOW with the Secretary of State as NOW's registered agent for service of process in the State of Florida. The alias summons was also returned unexecuted on July 27, 1982 because Ms. Cudney was no longer residing at the given address. Section 48.091(1), Florida Statutes, requires every Florida corporation and every foreign corporation qualified to transact business in the State of Florida to designate with the Secretary of State a registered agent and registered office in the State....
CopyCited 20 times | Published | Supreme Court of Florida | 1990 WL 130207
...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....
...negligence, breach of warranty, and loss of consortium. The complaint was served on Pepsico through Pepsico's registered agent in Florida. Pepsico had appointed this agent, as required by Florida law, when it registered to do business in the state. § 48.091, Fla....
...his state, service may be made on any agent transacting business for it in this state. (3) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation [when registering to do business in Florida] 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 *888 on any employee at the corporation's place of business....
...assurance that the corporation did substantial business in Florida and had somebody present to accept service of process here, consistent with due process of law. By formally qualifying to do business in Florida and registering an agent pursuant to section 48.091(1) and chapter 607 of the Florida Statutes (1983), a foreign corporation submitted itself to the jurisdiction of Florida courts because it acknowledged that it did sufficient business in Florida to make it amenable to suit and service of process here....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1062526
..."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, 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.
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 principal place of business or on any employee of the registered agent. §
48.081(3)(a), Fla. Stat. (2005). Section
48.091 requires, in pertinent part, that a domestic corporation or a foreign corporation qualified to do business in Florida (1) designate a registered agent and registered office; (2) keep the registered office open from 10:00 a.m. to 12 noon each day, except Saturdays, Sundays, and legal holidays; and (3) keep one or more registered agents on whom process may be served during these designated hours. §
48.091, Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 823, 1985 Fla. App. LEXIS 13221
...nly in their absence may other corporate functionaries as described in the statute be served. The record indicates that the writ of garnishment was delivered to the garnishee's employee who was not a registered agent on whom process could be served (§ 48.091, Florida Statutes) [1] and no attempt was made to deliver the writ to the corporate president or vice-president or the other corporate functionaries as required by statute....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 22956426
...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....
...Thus, we hold there is no error in the issuance of the temporary restraining order as to Top Dollar. The case is reversed in part, affirmed in part, and remanded to the trial court for further proceedings consistent with this opinion. GUNTHER and WARNER, JJ., concur. NOTES [1] Section 48.091, Florida Statutes (2002), establishes the responsibility of Florida corporations to designate a registered agent and specifies the requirements for the office of a registered agent.
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723
...1988), this court held that: [W]hen a foreign corporation is not qualified to do business in the State of Florida, the requirements of doing business and connexity must be shown to properly allow in personam jurisdiction. In the instant case, pursuant to section 48.091, Florida *1154 Statutes (1985), Rose's Stores, Inc., is qualified to do business in the state......
...ion'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.......
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Appellee does not argue that Mrs. Morejon was an officer or director of the corporation, but contends that she was properly served as its "business agent." Alternatively, appellee asserts that the corporation failed to comply with the requirements of Section 48.091, thereby implying that the deputy was authorized to effect constructive service on the corporation under the circumstances of this case by leaving the papers with Mrs....
...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....
...[8] It seems clear the deputy served Mrs. Morejon because she was the spouse of an officer, director and named resident agent of the appellant. The statute makes no provision for such service of process. Appellee's argument that appellant failed to comply with the requirements of Section 48.091 is simply not supported by the record....
...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....
...(c) On any director; and in the absence of all of the above: (d) On any officer or business agent residing in the state. . . . . . (3) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. Section 48.091 requires every corporation qualifying to do business in Florida to designate a registered agent and registered office, and further requires this office to be open with an agent present "from 10:00 a.m....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...with leave to amend. The defendant has appealed from this order contending that service of process was insufficient, and the trial court should for that reason have quashed the 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....
...We believe, however, that such minimum contacts would seem patently established where, as here, the foreign corporation has actually qualified under Florida law to transact business in this state and has appointed a resident agent for service of process as required by F.S. 1969, Section 48.091, F.S.A....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 18058
...Margolis of Eckert Seamans Cherin & Mellott, LC, Miami, for appellee. STEVENSON, J. This is an appeal from an order denying a motion to vacate default judgment. Appellant challenged the default judgment on the ground that service of process was defective on its face. We agree with appellant and reverse. Section 48.091(2), Florida Statutes (1997), requires that a registered agent be available for receipt of service of process at the registered office "from 10 a.m....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...*653 Henry W. Clar, Miami, for appellant. Marc D. Cohen of Britton, Cohen, Cassel, Kaufman & Schantz, P.A., Miami, for appellee. HERSEY, Judge. The basis for these consolidated appeals is an alleged noncompliance with the substituted service statute, section 48.091, Florida Statutes (1983)....
...on March 19, 1982, a Broward County deputy sheriff served an alias summons and complaint on Charles Drago at the above address. The return of service indicates that Mr. Drago was served as an employee of Sierra "for failure by the corporation to comply with F.S. 48.091." There is a further notation to the effect that Mr....
...party served, since he was the most senior corporate officer present. (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)....
...within the time specified. 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)....
...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
...minimum contacts would seem patently established where, as here, the foreign corporation has actually qualified under Florida law to transact business in this state and has appointed a resident agent for service of process as required by F.S. 1969, section 48.091, F.S.A....
...at 509 (footnotes omitted). Under Youngblood, when a foreign corporation is not qualified to do business in the State of Florida, the requirements of doing business and connexity must be shown to properly allow in personam jurisdiction. In the instant case, pursuant to section 48.091, Florida Statutes (1985), [2] Rose's Stores, Inc., is qualified to do business in the state and, thus, falls outside the ambit of Youngblood....
...(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. (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....
...this section, 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. [2] Section 48.091, Florida Statutes (1985), provides in pertinent part: (1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and registere...
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 2005975
...escribed in the preceding paragraphs service may be made on any officer or business agent residing in the state. 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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 20873
...officer was in the county on the day of service. In the instant case, the allegation that the superior officers were absent from the county is directly rebutted by the affidavit of the president. The deputy sheriff could have attempted service under Section 48.091, which allows him to go to the address at which the registered agent is required to be present every business day from 10 a.m....
CopyCited 5 times | Published | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 15524
...When this action was commenced in state court on December 29, 1976, defendant Jennings Development, Inc., (`Jennings') had been a dissolved corporation for thirteen days. Service of process upon Jennings was attempted by means of service upon the designated resident agent, as provided by Fla.Stat. § 48.091....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 26, 1996 WL 1124
...on described in paragraph (a), paragraph (b), or paragraph (c), on any officer or business agent residing in the state. * * * * * * (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....
...pting 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. See Sierra Holding, Inc. v. Sayner,
469 So.2d 239, 240 (Fla. 4th DCA 1985); Richardson v. Albury,
505 So.2d 521, 522-23 (Fla. 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....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...Appellants failed to show any connection between appellee's business activities in Florida and the cause of action and therefore the court was correct in dismissing Hickory Springs as a party defendant. DAUKSCH, C.J., and COBB, J., concur. NOTES [1] § 607.304, Fla. Stat. (1979). See also § 48.091, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 27878
...atory, official or otherwise. With the exception of section
893.13(1)(c), Florida Statutes (1993), however, the Legislature has avoided confusion that might flow from use of the terms "12 a.m." and "12 p.m.," opting instead for clearer language. See §
48.091(2), Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 17084, 1993 WL 498867
...ed upon anyone 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....
...her be executed 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....
...Based on the record and evidence presented, this Court finds that even if Plaintiff served Doris Kelly, a clerical employee of Defendant, Plaintiff failed to properly perfect service of process on Defendant Corporation in accordance with Federal Rule of Civil Procedure 4(d)(3) or Florida Statutes §§ 48.-081 and 48.091....
...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
...rney of the Tenth Judicial Circuit for further consideration. [5] II. DISCUSSION In Florida, domestic corporations and foreign corporations qualified to do business in the state are required to designate a registered agent and a registered office. §§
48.091,
607.0501,
607.1507, Fla....
...m process may be served at the office during these hours. The corporation shall keep a sign posted in the office in some conspicuous place designating the name of the corporation and the name of its registered agent on whom process may be served. *6 § 48.091(2)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 878
...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....
...Subsection (1) requirements for proper service are much stricter and much more specific than the requirements for the alternative means of service of process under subsection (3). In the instant case, under subsection (3), once the process server determined that PEMHS had not complied with section 48.091 *523 by keeping current its registered agent listing at the Department of State, Division of Corporations, subsection (3) explicitly states that the process server may achieve service of process "on any employee at the corporation's place of business." (Emphasis added). Appellants' process server did exactly that. In fact, he went one step further and served the person whom he was told was in charge at the time. We explicitly hold that the facts of this case constitute as a matter of law noncompliance with section 48.091, Florida Statutes, thereby authorizing appellants' process server to serve "any employee at the corporation's place of business." Appellees urge upon us the case of Sierra Holding, Inc....
...[3] Reversed and remanded with instructions. SCHEB, A.C.J., and HALL, J., concur. NOTES [1] §
48.081(3), Fla. Stat. (1985), states: "As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under section
48.091. However, if service cannot be made on a registered agent because of failure to comply with section
48.091, service of process shall be permitted on any employee at the corporation's place of business." [2] Both parties filed an appendix in this appeal....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 18099, 2002 WL 31757610
...ction (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....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 14664, 2011 WL 4102296
...d of limited review in second-tier certiorari proceedings. Designating an agent for service of process subjects a foreign corporation to the jurisdiction of the Florida court to adjudicate its rights and obligations in a legal dispute. See generally § 48.091, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 754, 2001 Fla. LEXIS 2273, 2001 WL 1422463
...rporation 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). 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. Section
48.091(1), Florida Statutes (2000), provides in relevant part: (1) Every Florida corporation and every foreign corporation now qualified or hereafter qualified to transact business in this state shall designate a registered agent and registered office in accordance with chapter 607....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 18697, 2014 WL 5877947
...(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. (3)(a) 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 principal place of business or on any employee of the registered agent....
...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. until 12 p.m. under section
48.091, Florida Statutes. “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....
...6:09-CV-1474ORL28DAB,
2009 WL 3817605 , at *2 (M.D.Fla. Nov. 16, 2009) (“While some manner of substitute service is available under state law (if, for example, service cannot be made on a registered agent because of failure to comply with Fla. Stat. §
48.091 ), it is incumbent on the process server to set forth a factual basis for concluding that the unorthodox service was, indeed, effective under state law.”)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1526, 1985 Fla. App. LEXIS 14633
...District Court of Appeal of Florida, Fourth District. June 19, 1985. *197 Henry W. Clar, Miami, for appellant. Thomas A. Truex of Jacobson and Gottlieb, Hollywood, for appellee. HERSEY, Judge. While we are inclined to the view that where a corporation is in flagrant violation of section 48.091, Florida Statutes (1983), the requirement of diligent search and inquiry imposed as a condition precedent to constructive service of process should be considerably relaxed, we find no necessity for the application of that view here as diligent search and inquiry was abundantly established....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 804, 2013 WL 5942299, 2013 Fla. LEXIS 2420
...viewing service of process and the various statutes that the defendants assert authorize the issuance of a subpoena duces tecum for documents located outside of this state by serving the subpoena on the out-of-state corporation’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....
...We agree with the Fifth District’s reasoning on this point: Designating an agent for service of process subjects a foreign corporation to the jurisdiction of the Florida court to adjudicate its rights and obligations in a legal dispute. See generally § 48.091, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 17719, 2009 WL 4061228
...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.
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 principal place of business." Section
48.091(2) also provides: *777 "Every corporation shall keep the registered office open from 10 a.m....
CopyCited 1 times | Published | District Court, N.D. Florida | 2001 WL 36106168, 2001 U.S. Dist. LEXIS 18706
...[4] For a corporation, service within the state may be made on specified officers or the registered agent. See Fla. Stat. §
48.081. Any corporation that is incorporated in or registers to do business in Florida must designate a registered agent for service of process. See Fla.Stat. §
48.091....
...ff to establish either any connection between the cause of action and the State of Florida or to meet the various criteria of the long-arm statute. The court said: By formally qualifying to do business in Florida and registering an agent pursuant to section 48.091(1) and chapter 607 of the Florida Statutes (1983), [the] foreign corporation submitted itself to the jurisdiction of Florida courts because it acknowledged that it did sufficient business in Florida to make it amenable to suit and service of process here....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...In such cases, a
court does not reach the due process analysis. However, where a jurisdictional
challenge is properly entertained on its merits, the due process requirements of the
United States Constitution must also be considered.
6
Section 48.091, Florida Statutes, requires every foreign corporation qualified
to transact business in Florida to designate a registered agent for service of process.
The Ghilottis argue Woodruff-Sawyer consented to personal jurisdiction in Florida...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5465, 2015 WL 1651226
...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
immediately re-served the writ of garnishment on Morgan Stanley’s registered
agent for service of process. See § 48.091, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...2d DCA 1984).
We readily conclude that AMS established excusable neglect.3
In her affidavit, Dubberly averred that AMS had an established
3 We reject without discussion A & E's cursory argument that
AMS is precluded from establishing excusable neglect because it
assertedly violated section 48.091(2), Florida Statutes (2019)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1344, 1985 Fla. App. LEXIS 14219
...ered agent, at 1155 N. Federal Highway, Ft. Lauderdale, Florida. The Sheriff’s Return reflects service on “Charles Drago an employee of defendant *240 corporation in compliance with F.S. 48.-081(3) for failure by the corporation to comply with F.S.
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)....
...ame 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)....
...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
...Subsequently, the Plaintiffs filed a motion for rehearing along with an amended verified return of service. The amended verified return of service indicated that “[sjervice could not be made on the Registered Agent because of failure to comply with Section 48.091.” The Plaintiffs also attached to their motion the process server’s unexecuted affidavit, which documented that service had been attempted on March 31, 2006 at 11:00 a.m....
...on standard). 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)....
...Furst Group, Inc.,
724 So.2d 678, 679 (Fla. 4th DCA 1999) (citation omitted)(finding that the party arguing valid service occurred has the burden of establishing that service was proper). The trial court also properly found that the bare allegation of a section
48.091 violation in the amended verified return of service and the process server’s unexecuted affidavit were insufficient evidence to warrant a rehearing of the issue....
...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. Stat. (2005). Section
48.091, Florida Statutes (2005) requires that a corporation have a registered agent available to receive service of process at the registered office from "10:00 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays....” §
48.091(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 3558, 2002 WL 428868
...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)....
CopyPublished | Florida 3rd District Court of Appeal
...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.
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
principal place of business or on any employee of the registered 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
at service even if the registered agent is temporarily absent from his or her
office.”) (emphasis added); §
48.091(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6320
...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. Appellant also argues that it is not subject to service of process under Fla.Stat. §
48.091, F.S.A., in that it is excluded from the operation of that section by subsection (6) of section
48.091....
...wit: * * * state fairs or expositions, * * * ” (Emphasis added.) The question for our consideration thus depends on whether or not Florida State Fair and Gasparilla Association is a state fair or exposition within the meaning of subsection (6) of section 48.091. If appellant is a state fair or exposition then it is excluded from the operation of subsection 48.091(1) and it is indeed a corporation not amenable to service of process. On the other hand, if appellant is not such a state fair or exposition then it is included within the “every Florida corporation” provision of subsection 48.091(1) and is amenable to service of process. We hold that appellant is not a “state fair or exposition” within the meaning of subsection 48.091(6)....
...ied by the legislature as a public fair or exposition company and not as a state fair or exposition company which would be the case if appellant had been organized under chapter 615. Giving due regard to this legislative distinction, we note that subsection 48.091(6) excludes state fairs from the operation of subsection 48.091(1), but does not exclude public fairs from the operation of subsection 48.091(1)....
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 36, 2012 WL 10826
...(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. (3) (a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. [1] However, if service cannot be made on a registered agent for 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....
...In each of those cases, the defendant was a foreign corporation not qualified to transact business in this state, and therefore had not designated (and was not required to designate) a registered agent in Florida for purposes of receiving service of process. See § 48.091(1), Fla....
...th 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. NOTES [1] Section
48.091, Florida Statutes (1976) provides: (1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and registered office in accordance with chapter 607....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 13621, 1997 WL 751963
...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.
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. It is undisputed that Ludwig failed to comply with §
48.091 by failing to post a sign naming the registered agent on whom process could be served....
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
...Subsection (3) of the statute provides [a]s 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 upon a registered agent because of failure to comply with s. 48.091, service shall be permitted on any employee at the corporation’s place of business. Plaintiff argues that service upon Bradley Pettegrove was proper because Defendant has failed to comply with subsection (2) of § 48.091 of the Florida Statutes. The court agrees. Florida Statute § 48.091(2) states, in pertinent part, that [ejvery corporation shall keep the registered office open from 10:00 a.m....
CopyPublished | Florida 3rd District Court of Appeal
... 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.” On that same
day, Ms....
...tinuing 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)....
CopyPublished | Florida 2nd District Court of Appeal
...Under section
48.062(2),
Florida Statutes (2023),1 "[a] domestic limited liability company . . . may
be served with process required or authorized by law by service on its
registered agent." Of course, Yuni Febles was not the registered agent.
Owl also observed that section
48.091(4) provides that "[a] person
attempting to serve process pursuant to this section on a natural person,
if the natural person is temporarily absent from his or her office, may
serve the process during the first attempt at service on any employee of
such natural person." Owl contended that Ms....
...The verified return of service
recounted the date and time that Mr. Woods received and served the
summons and complaint. It recited that Mr. Woods left the court papers
with Ms. Febles, who told him that Ms. Rojas-Quinones authorized her to
accept service.
II. Manner of Service, Ms. Febles, and Section 48.091(3) (not (4))
7
Owl argues that "the manner of service, substitute service, was not
indicated on the return anywhere and thus, the return of service was
facially deficient." Owl also tells us that because Ms. Febles was not an
Owl employee, service was defective. See § 48.091(4) ("A person
attempting to serve process pursuant to this section on a natural person,
if the natural person is temporarily absent from his or her office, may
serve the process during the first attempt at service on any employee of
such natural person." (emphasis added)). We are unpersuaded.
Section 48.091 tells us how to serve limited liability companies. To
that end, section 48.091(3) explains the duties of the registered agent.
Every ....
...p one or more individuals
who are, or are representatives of, the designated registered agent on
whom process may be served at the office during these hours," the
statute does not require that the registered agent employ these
"individuals." Compare § 48.091(3), with 48.091(4) ("A person attempting
to serve process pursuant to this section on a natural person, if the
natural person is temporarily absent from his or her office, may serve the
process during the first attempt at service on any employee of such
natural person." (emphasis added))....
...3d
1261, 1267 (Fla. 1st DCA 2017) ("We typically view the Legislature's use
of varied language in the same statute as a sign the Legislature intended
varied things."). Based on his narrative on the return of service, Mr.
Woods properly effected service under section 48.091(3).
Owl's reliance on section 48.091(4) is misplaced for another reason.
Ms....
...By its own language, subsection (4) only applies if the registered
agent "is temporarily absent from his or her office" in which case the
"person attempting to serve process . . . may serve the process during the
first attempt at service on any employee of such natural person." §
48.091(4). Ms. Rojas-Quinones' unwillingness or inability to accept
service does not render her "absent" under section 48.091(4).
III....
...4th DCA 2012) (reading different sections of the same
chapter together to ascertain whether a process server must place the
statutorily-required notations on only the copy of the summons served,
and not on the copy of the complaint served).
We read section
48.062(2) in pari materia with section
48.091(3).
The former authorizes service on a limited liability company by service
directly on the registered agent....
..."All parts of
the statute must be given effect, and the Court should avoid a reading of
the statute that renders any part meaningless." Searcy, Denney, Scarola,
Barnhart & Shipley v. State,
209 So. 3d 1181, 1189 (Fla. 2017). To
accept Owl's position, we would effectively nullify the manner of service
provided for in section
48.091(3)....
...be an abrogation of legislative power.").
Owl's contention that KMG "effectuated substitute service" without
reciting that exact wording on the verified return of service fares no
better. The return details how Mr. Woods effected service under section
48.091(3)....
...Her bare denials do not constitute the clear and convincing
evidence needed to overcome the presumption of valid service.
Conclusion
15
The verified return of service was regular on its face. KMG properly
served Owl under section 48.091(3)....
