BISCAYNE ATHLETIC CLUB, INC., AND STEPHEN REINER, APPELLANTS,
v.
CONRAD R. IACONO ET AL., APPELLEES
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This case involves two interlocutory appeals from orders denying motions to quash service of process. The appellate court reversed the lower court's decision, finding that service of process was improper for both a Florida corporation and an individual defendant served out-of-state.
No, service of process was not properly effectuated on either appellant. The court found that the corporation's resident agent was not properly served, and the allegations supporting long-arm jurisdiction over the individual defendant were insufficient.
[1] Service of process on a Florida corporation is defective when the sheriff serves a party identified as the resident agent who is not, in fact, the corporation's resident…
[2] A plaintiff seeking to establish long-arm jurisdiction over a defendant must allege facts in the complaint sufficient to support such jurisdiction.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It appears from the record that appellee requested that the sheriff serve appellant, Biscayne Athletic Club, Inc., a Florida corporation, by serving its “resident agent, Palmer and Lazor, P.A.”, as provided for in Section 48.081, Florida Statutes.”
Describes the method of service attempted on the corporate appellant.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellee attempted to serve Biscayne Athletic Club, Inc. by serving its "resident agent," Palmer and Lazor, P.A. However, an affidavit stated Palmer a…
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PER CURIAM.
These consolidated interlocutory appeals are from orders denying appellants’ motion to quash service of process in an action for specific performance and other equitable relief in which appellants are defendants and appellee is plaintiff.
It appears from the record that appellee requested that the sheriff serve appellant, Biscayne Athletic Club, Inc., a Florida corporation, by serving its “resident agent, Palmer and Lazor, P.A.”, as provided for in Section 48.081, Florida Statutes. The sheriff’s return shows that corporate service was made by serving Mr. Palmer, as resident agent of Biscayne Athletic Club, Inc. Appellant, Stephen Reiner, a resident of the State of New York, was served in New York pursuant to Section 48.194 Florida Statutes which creates long-arm jurisdiction in the court of Florida based upon personal service.
Appellant, Biscayne Athletic Club, Inc. made a motion to quash the service upon it on the grounds that appellee failed to comply with the provisions of Section 48.081, Florida Statutes. The motion was supported by an affidavit reciting that Palmer and Lazor, P.A. is not the resident agent of the corporation. There was no rebuttal filed to the allegation in the affidavit. Appellant, Stephen Reiner, moved to quash service of process on him on the ground that the allegations of the complaint were insufficient to support long-arm jurisdiction of the person of the appellant. We find merit in the grounds asserted by both appellants and hold that the trial court erred in denying their motions to quash. Ludlam Enterprises, Inc. v. Outdoor Media, Inc., 250 So. 2d 649 (Fla. 4th DCA 1971); Hoffman v. Three Thousand South Association, Inc., 318 So. 2d 486 (Fla. 4th DCA 1975); Elmex Corp. v. Atlantic Federal Savings & Loan Ass’n, 325 So. 2d 58 (Fla. 4th DCA 1976); Joyce Bros. Storage & Van Company v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977); Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978), and Cosmopolitan Health Spa, Inc. v. Health Industries, Inc., 362 So. 2d 367 (Fla. 4th DCA 1978).
The orders appealed are reversed.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cameron v. Odissea Shipping Co., 486 So. 2d 30 (Fla. 3d DCA 1986)…iami who filed an uncontroverted affidavit stating that he had no authority to receive service of process on behalf of defendants. The two forms of attempted service did not satisfy statutory requirements. See Biscayne Athletic Club, Inc. v. Iacono, 367 So. 2d 275 (Fla. 3d DCA 1979); §§ 48.081, 48.161, 48.194, Fla.Stat. (1985). Further, there was no showing that plaintiff complied with the requirements of section 626.906, Florida Statutes (1985) in serving defendant, The Swedish Club, through service on the i…
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Naviera Blancamar, S.A. v. Boucher, 547 So. 2d 1034 (Fla. 3d DCA 1989)…he motion to quash service it was necessary for plaintiffs to submit affidavits or other competent proof rebutting defendant’s assertions. See Cameron v. Odissea Shipping Co., 486 So. 2d 30 (Fla. 3d DCA 1986); Biscayne Athletic Club, Inc. v. Iacono, 367 So. 2d 275 (Fla. 3d DCA 1979). Plaintiffs also contend that they were unable to contravene defendant’s affidavit because of discovery objections by defendant. That issue is not before us and should be addressed by the trial court in the first instance. The…
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Am. Bldgs. Co. v. Energy SUN Power, Inc., 423 So. 2d 469 (Fla. 2d DCA 1982)…ebuttal filed to the motion and affidavit. We find that in view of the unrebutted affidavit which denied Smith was appellant’s agent, the trial judge erred in denying appellant’s motion to quash and dismiss. Biscayne Athletic Club, Inc. v. Iacono, 367 So. 2d 275 (Fla. 3d DCA 1979). Accordingly, the order appealed is REVERSED. SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.…
Authorities Cited
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)
- Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978)
- Cosmopolitan Health SPA, Inc. v. Health Indus., Inc., 362 So. 2d 367 (Fla. 4th DCA 1978)
- Ludlum Enters., Inc. v. Outdoor Media, Inc., 250 So. 2d 649 (Fla. 4th DCA 1971)
- Joyce Bros. Storage & VAN Co. v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977)
- Hoffmann v. Three Thousand S. Ass'n, Inc., 318 So. 2d 486 (Fla. 4th DCA 1975)