NATIONAL LEAGUE FOR NURSING, DIVISION OF MEASUREMENT TESTING SERVICE, APPELLANT,
v.
TERRY ANN BLUESTONE, APPELLEE
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The National League for Nursing appealed from an order denying its motion to dismiss for lack of personal jurisdiction and insufficient service of process. The Florida District Court of Appeal reversed, holding that the plaintiff's substituted service was not properly authorized under Florida law and that the complaint lacked sufficient jurisdictional allegations to invoke the state's long-arm statute.
The court reversed the trial court's order, holding that: (1) substituted service under Section 48.181 was not authorized because the complaint lacked allegations that the defendant is not a Florida resident and that the cause of action arises from the defendant's in-state activities; (2) even if the complaint had been sufficient, the defendant made the required prima facie showing of inapplicability that was not overcome by the plaintiff; and (3) the complaint failed to allege sufficient jurisdictional facts to invoke Section 48.193, Florida Statutes, and personal service was required under Section 48.194.
[1] Substituted service of process under Section 48.181, Florida Statutes, is not authorized when the complaint fails to allege that the defendant is not a resident of Florid…
[2] If a complaint is sufficient to invoke Section 48.181, Florida Statutes, the burden shifts to the defendant to make a prima facie showing of its inapplicability, which, i…
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Join FLexlaw to unlock all legal intelligence“substituted service of process under Section 48.181, Florida Statutes (1979), utilized in the present case by the plaintiff, was not authorized where Bluestone's complaint was devoid of allegations that the defendant is not a resident of Florida and that the cause of action arises from the defendant's activities conducted in this state”
Establishes the primary holding that substituted service requires specific jurisdictional allegations in the complaint
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Join FLexlaw to unlock all legal intelligenceTerry Ann Bluestone filed a complaint against the National League for Nursing (NLN), the Division of Measurement Testing Service. The NLN moved to dis…
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PER CURIAM.
This is an appeal by the National League for Nursing, the defendant below, from a non-final order denying its motion to dismiss for lack of jurisdiction over the person and for insufficiency of service of process. We have jurisdiction. Fla.R.App.P. 9.130(a) (3)(C)(i).
We reverse the order of the trial court upon a holding that (1) substituted service of process under Section 48.181, Florida Statutes (1979), utilized in the present case by the plaintiff, was not authorized where Bluestone’s complaint was devoid of allegations that the defendant is not a resident of Florida and that the cause of action arises from the defendant’s activities conducted in this state, Esberger v.
First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976); (2) if, ar-guendo, Bluestone’s pleading had been sufficient to make Section 48.181, Florida Statutes (1979), applicable ab initio, shifting the burden to the defendant to show, by prima facie proof, its inapplicability, Electro Engineering Products Co., Inc. v. Lewis, 352 So. 2d 862 (Fla 1977), the defendant made the required showing which was not overcome by the plaintiff, see American Baseball Cap, Inc. v. Duzinski, 359 So. 2d 483 (Fla. 1st DCA 1978); Fawcett Publications, Inc. v. Rand, 144 So. 2d 512 (Fla. 3d DCA 1962); and (3) Bluestone’s reliance on several provisions of Section 48.193, Florida Statutes (1979), to show jurisdiction is unavailing since (a) a party invoking this long-arm statute must effect personal service upon the defendant pursuant to Section 48.194, Florida Statutes (1979), Bradford White Corp. v. Aetna Insurance Company, 372 So. 2d 994 (Fla. 3d DCA 1979), and (b) the complaint fails to allege sufficient jurisdictional facts justifying the invocation of Section 48.193, Florida Statutes (1979), Electro Engineering Products Co., Inc. v. Lewis, supra.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Am. Motors Corp. & Jeep Corp. v. Abrahantes, 446 So. 2d 240 (Fla. 3d DCA 1984)…that the cause of action alleged arose from the doing of any of the acts set forth in Section 48.193, Florida Statutes (1981). See Electro Engineering Products Co., Inc. v. Lewis, 352 So. 2d 862 (Fla.1977); National League for Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980). Although the allegations of the plaintiffs’ complaints might support substituted service of process through the office of the Secretary of [*241] State as provided in Section 48.181, Florida Statutes (1981), our review of the ord…
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Firestone Steel Prods. Co. of Canada v. Snell, 423 So. 2d 979 (Fla. 3d DCA 1982)…oration, ‘operates, conducts, engages in, or carries on a business or business venture in Florida’ and that the action arises therefrom so as to authorize substituted service of process under section 48.181, National League for Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980); Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976); Fla.R.Civ.P. 1.070(i); and (2) the complaint likewise fails to provide any basis for jurisdiction under section 48.193 inasmuch as (a) neith…
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Dodgen Indus., Inc. v. Cook, 455 So. 2d 466 (Fla. 1st DCA 1984)…Statutes, provides for jurisdiction over nonresident manufacturers of products which are used and result in injury within Florida, this statute has been held to require personal service of process. See e.g., National League for Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980); Bradford White Corp. v. Aetna Ins. Co., 372 So. 2d 994 (Fla. 3d DCA 1979). In the present case the parties rely solely upon § 48.181(1).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Electro Eng'g Prods. Co., Inc. v. Lewis, 352 So. 2d 862 (Fla. 1977)
- Fawcett Publ'ns, Inc. v. Rand, 144 So. 2d 512 (Fla. 3d DCA 1962)
- Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
- Horne v. State, 372 So. 2d 994 (Fla. 3d DCA 1979)
- Am. Baseball CAP, Inc. v. Duzinski, 359 So. 2d 483 (Fla. 1st DCA 1978)
- Bd. OF Cnty. Comm'rs v. Rickli, 359 So. 2d 483 (Fla. 4th DCA 1978)