CopyCited 3 times | Published | District Court, S.D. Florida | 1977 U.S. Dist. LEXIS 12401
...jurisdiction with regard to those parties over which a state court would have personal jurisdiction. Thus, the resolution of this issue of personal jurisdiction hinges on this court's interpretation of the scope of the Florida Long Arm Statute, F.S. § 48.19....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3449645
...his failure to comply with these orders and release the funds. The CFO did not file any pleadings or appear at any of the hearings on any of NERS’ motions. Instead, the CFO filed these petitions for writ of prohibition. Statutory Construction • Section 48.19 A review of the record shows that the surplus funds were transferred to the CFO pursuant to section 43.19....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4387
...Jeffery,” owned by Lloyd Milliken. Although utilizing Key West, Florida, as a port, the “Capt. Jeffery” was outside Florida waters at the time the accident occurred. Upon motion by the defendants, the federal district court determined that the requirements of section 48.19, Florida Statutes (1977) had not been met and therefore dismissed the action for lack of personal jurisdiction. Corley appealed to the Fifth Circuit Court of Appeals which has certified the following question for our consideration: Does Fla.Stat. § 48.19 (1977) authorize service of process on the Secretary of State of Florida in an action against a nonresident of Florida, who owns a vessel that uses a Florida port, arising out of a maritime accident that occurred outside of that state? * We answer the question in the negative. Section 48.19 designates the secretary of state as the agent, for purposes of service of process, of nonresidents owning watercraft operated, navigated, or maintained in Florida....
...served by this method and the proceedings in which such service is permissible. Only those actions arising from accidents which occurred while the nonresident was actually or constructively in the waters of the state are included within the scope of section 48.19....
...Bank of America International,
373 So.2d 68 (Fla. 3d DCA 1979); Horace v. American National Bank & Trust Co.,
251 So.2d 33 (Fla. 4th DCA 1971); Hubsch Manufacturing Co. v. Freeway Washer & *978 Stamping Co.,
205 So.2d 337 (Fla. 1st DCA 1967). Section
48.19 must be strictly construed and its jurisdictional requirements clearly alleged in the complaint....
...Jeffery” was outside of Florida territory at the time of the incident. The mere circumstance of the “Capt. Jeffery” using a Florida port does not constitute sufficient connection to the cause of action to satisfy either the statutory or constitutional requirements for substitute service pursuant to section 48.19. Therefore, we find that, where a maritime accident occurs outside the state boundaries, the use of a Florida port does not satisfy the requirement of section 48.19 that the cause of action arise from an “accident ......
