AMERICAN BUILDINGS COMPANY, APPELLANT,
v.
ENERGY SUN POWER, INC., APPELLEE
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Florida appellate court reversed the trial court's denial of a motion to quash service of process where an unrebutted affidavit established that the purported agent had never been authorized to receive service on behalf of the foreign corporation defendant.
Where an unrebutted affidavit establishes that the person served was not the defendant's agent, the trial court errs in denying a motion to quash service of process and dismiss for lack of jurisdiction.
[1] An unrebutted affidavit denying agency status requires reversal of an order denying a motion to quash service of process on a foreign corporation.
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Join FLexlaw to unlock all legal intelligenceAppellee sued appellant, a foreign corporation, and two other defendants for damages. Service of process was attempted on appellant by serving H.K. Sm…
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PER CURIAM.
This is an interlocutory appeal whereby appellant, defendant below, challenges the lower court’s order denying its motion to quash service of process and to dismiss for lack of jurisdiction.
Appellee brought an action for damages against, appellant, a foreign corporation, and two other defendants. Service of process was attempted on appellant by serving an individual, H.K. Smith, whom appellee believed to be appellant’s agent. Appellant filed a motion to quash service of process and to dismiss for lack of jurisdiction. An affidavit of the purported agent, H.K. Smith, was attached to appellant’s motion. Appellant’s motion and Smith’s affidavit both maintained that Smith had never been appellant’s agent and that neither Smith, himself, nor appellant had ever held him out as such. According to the appendix submitted on appeal, there was no rebuttal 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.