Florida/Georgia Personal Injury & Workers Compensation

...anyone authority to accept process for him. See Hauser v. Schiff, 341 So.2d 531 (Fla. 3d DCA *198 1977). Therefore, the trial court did not err in quashing service of process on Castagliola. As to Stoeffler's attempted service of process on Riden I, section 48.101, Florida Statutes (1991) [2] specifically directs that service of process upon a dissolved corporation "shall" be made upon one or more of the directors as trustees of the dissolved corporation....

...Stoeffler argues that pursuant to section 607.1405(2)(g) [3] service can be made upon the registered agent of a dissolved corporation because the dissolution does not terminate the authority of the registered agent. Chapter 607 does not address specifically how process should be made on a dissolved corporation; whereas, section 48.101 does provide for that occurrence. Because section 48.101 is the specific statute governing process, it controls the method to be utilized to serve a dissolved corporation....

...(b) Substitute service may be made on an individual doing business as a sole proprietorship at his place of business, during regular business hours, by serving the manager of the business if one or more attempts to serve the owner have been made at the place of business. [2] Section 48.101 provides: Service on dissolved corporations....

...*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 unions), § 48.151 (service on statutory...

...o perform architectural services of the type required to carry out the project contemplated by Gate, did enter into a contract with Curts, and Design Advocates, a corporation of which Curts was a principal officer and director, and by reason of F.S. § 48.101, is now a trustee of the dissolved corporation....

...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 unions), § 48.151 (service on statutory...

...l had supplied and installed steel trusses, decking, and supports in a construction project. 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....

...on's directors-trustees in the name of the corporation. Fla. Stat. § 607.297. Florida law requires service of process in an action against a dissolved corporation, however, to be made upon one of the directors-trustees of the corporation. Fla.Stat. § 48.101....

...We affirm the order of the trial court vacating the defaults (and resulting default final judgments), and dismissing for insufficiency of service of process as to both defendants. The purported service on defendant Drucker Construction of Florida, Inc. (DCF) was so lacking in compliance with the requirements of sections 48.101 and 48.194, Florida Statutes (1991), as to render such service void....

...The return of service of process was not so defective as to amount to "no notice" of the proceedings. See Craven. I disagree with the majority that service on the corporation, Drucker Construction of Florida, Inc. (DCF), was so lacking in compliance with the requirements of sections 48.101 and 48.194 as to render service on the corporation void. The corporation was a dissolved corporation and Drucker was its president. Drucker does not deny that he was a director of the corporation or that he was authorized to receive process under section 48.101....

...Statutes (1991). At the time the appellee commenced its action against the appellant and when service of process was attempted, the appellant was a dissolved corporation, and therefore, personal service of process had to be accomplished pursuant to section 48.101, Florida Statutes (1991). This section requires process to be served on one or more of the directors of a dissolved corporation as trustees thereof. Because the appellant was not served pursuant to the requirements of section 48.101, but instead process was served upon a former registered agent, the service was invalid and the judgment based upon that service was void....

...Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993), rev. denied, 639 So.2d 976 (Fla. 1994). We realize that section 607.1405(2)(g), Florida Statutes (1991), provides that dissolution of a corporation does not terminate the authority of the registered agent. However, since section 48.101 is specific and provides the only method by which process can be personally served on a dissolved corporation, section 607.1405(2)(g) does not make service on the registered agent valid as it would if the corporation had not been dissolved....

...The basis for quashing service of process was the trial court's determination that because Liszka had served the registered agent of the dissolved corporation instead of a director of the corporation, service was void. Liszka contends the trial court was incorrect in construing section 48.101 as the sole and exclusive method of effecting service on a dissolved corporation....

...Silverado moved for relief from judgment on December 16 and ten days later filed an amended motion for relief along with a motion to quash service of process. After hearing, the court found that Liszka had failed to comply with the service of process requirements of section 48.101 "that expressly provides for the manner in which service of process is to be accomplished on a dissolved Florida corporation." The court quashed service of process and vacated the final judgment in Liszka's favor. Section 48.101, Florida Statutes (1993) provides: 48.101 Service on dissolved corporations....

...Allison, Fla., 81 So.2d 734."). Because the directors, as trustees, held title to the property of the dissolved corporation and were subject to being sued, it was only logical that the process statute provide the manner in which those directors, as trustees, should be served. Section 48.101 did that....

...State, Department of Legal Affairs, 666 So.2d 279 (Fla. 2d DCA 1996) (service on former registered agent of dissolved corporation is invalid; process must be served on one or more of the directors as trustees) and Stoeffler v. Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993) (holding that because section 48.101 is the specific statute governing process on a dissolved corporation, service must be made on one or more of the directors and may not be made on the registered agent), rev....

...Prior to trial on the issue of damages, he served notice on the last surviving director of the dissolved corporation. G & K's motion for relief alleged no lack of notice of the lawsuit, but claimed only that service on the registered agent was invalid because not in compliance with section 48.101, Florida Statutes (1993), and that the judgment therefore was void....

...tion continues to retain title to its property, and that the authority of the dissolved corporation's registered agent does not terminate, see § 607.1405(1)(a) & (g), 607.1421(5), Fla. *938 Stat. (1989). The trial court granted the motion. In 1994, section 48.101 still provided for service of process on the directors of a dissolved corporation as trustees. See § 48.101, Fla....

...e dissolved corporation, as the sole means of serving a dissolved corporation would be to ignore the legislative amendments of 1989" and held that service on the registered agent of a dissolved corporation was valid. In 1997, the legislature amended section 48.101, which now provides as follows: Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served 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. § 48.101, Fla....

...Two Corp., Trader's Cove Communities Unit No. Three Corp., Trader's Cove Communities Unit No. Four Corp., West Volusia Holding Company and Willow Run Farm, Inc., by service on Robert A. Little, "as a former Director/Trustee." This service, pursuant to Section 48.101, Florida Statutes (1977), was made on January 28, 1977, and process was served on him as a member of the last board of directors of said corporations....

...A judgment entered without valid service is void for lack of personal jurisdiction and can be collaterally challenged. See Great American Ins. Co. v. Bevis, 652 So.2d 382 (Fla. 2d DCA 1995). Interpreting the same statutory provision applicable to the present case, section 48.101, Florida Statutes (1991), this court has held that service of process on a dissolved corporation must be made on one or more directors of the corporation as trustee....

...The Frydenburg Corporation claims that process was improperly served on its resident agent while the corporation was temporarily dissolved. However, the corporation was subsequently timely reinstated. We therefore find that the trial court did not err in denying the defendant's motion to quash service. Section 48.101, Florida Statutes, provides: Process against the directors of any corporation which is dissolved as trustees of the dissolved corporation shall be served 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....

...retary 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)....

...Stoeffler v. Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993), and Polk County Rand Investments, Inc. v. State Department of Legal Affairs, 666 So.2d 279 (Fla. 2d DCA 1996). See Auto-Owners, 737 So.2d at 1130. The district court held that, pursuant to section 48.101, Florida Statutes (1991), service of process on a dissolved corporation may only be made on one or more directors of the dissolved corporation as trustee rather than on the corporation's registered agent....

...islative intent of the 1989 amendments to chapter 607, Florida Statutes, known as the Florida Business Corporation Act (Corporation Act). Petitioners contend that the 1997 Legislature clarified its intent as to dissolved corporations when it amended section 48.101, Florida Statutes, and that the intent, beginning with the 1989 amendments to the Corporation Act, was to allow service on registered agents of dissolved corporations. Auto-Owners responds that, at the time of the attempted service in this case, section 48.101 expressly required that service of process on a dissolved corporation be made only upon a director as trustee, and there should be no finding of repeal of that provision by implication. Prior to amendment in 1997, section 48.101, Florida Statutes (1991), provided: Service on dissolved corporation.— Process against the directors of any corporation which is dissolved as trustees of the dissolved corporation shall be served 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. Following the 1997 amendment, section 48.101 now provides: Service on dissolved corporations.— Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served 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. § 48.101, Fla....

...zka ). [3] *98 However, as the Second District held in Stoeffler, chapter 48, rather than chapter 607, is the Florida statute which expressly mandates the method by which service is to be perfected. On June 3, 1992, the date of service in this case, section 48.101 contained an express statement that service upon a dissolved corporation was to be upon a director as trustee, but contained no express statement that service could be made upon the corporation's registered agent....

...Nor did chapter 607 contain any provision that expressly addressed service of process; therefore, section 607.1405(2)(g) could not control the method of such service in this case. Moreover, we find that the 1989 amendments to section 607.1405 did not repeal by implication the express requirements of section 48.101....

...2d DCA 1996) (holding that service on a former registered agent of dissolved corporation is invalid, and that process must be served on one or more of the directors as trustees), and Stoeffler v. Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993) (holding that because section 48.101 is the specific statute governing process on a dissolved corporation, service must be made on one or more of the directors and may not be made on the registered agent)....

...on if action or other proceeding thereon is commenced within 3 years after the date of such dissolution.” (Emphasis added). As the suit was timely commenced, plaintiff is entitled to proceed. Id.; see Art. I, § 21, Fla. Const. (1968). Pursuant to section 48.101, Florida Statutes (1987), “Process against the directors of any corporation which is dissolved as trustees of the dissolved corporation shall be served on one or more of the directors of the dissolved corporation as trustees thereof...

...sses the defense of claims preserved by section 607.297. Here, the plaintiff sued DKJ in its corporate name, as it was entitled to do under the statute, id., and did so within the prescribed time limit. Id. As service was effected in accordance with section 48.101, the order denying DKJ’s motion is affirmed....

...NTCA appeals, claiming that the trial court lacks personal jurisdiction because NTCA was not prop *507 erly served. We have jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)®. We agree with the trial court that NTCA was properly served. Prior to 1997, section 48.101, Florida Statutes (2000), which addresses service on a dissolved corporation, 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)....

...Accordingly, service on the general manager, in the absence of a superior officer, was entirely proper. AFFIRMED. . The ultimate holding in Camella is inapplicable, however, as the date of service in that case (June 1992) preceded the 1997 amendment to section 48.101, requiring application of the pre-amendment version....

representative capacity upon Florescue, pursuant to section 48.101, Florida Statutes (1991). Jesson, Florescue

...er in evading or attempt- ing to evade the imposition of an excise tax or “in making a fraud- ulent claim for a credit or payment;” or (iv) the registrant “sold, leased, or otherwise allowed another person to use its registration.” 26 C.F.R. § 48.101-1(i)(1). Here, ABF submitted its Form 637 applications to the IRS on May 29, 2013, and June 13, 2013, requesting activity letter registra- tions....