HAROLD S. LYNTON, SEYMOUR M. KLEIN, FRANK G. OPTON, HAROLD A. AXEL, LLOYD E. GOTTLIEB, STUART F. CARTOON, EDWARD L. SKOLNICK, RICHARD L. BARNES AND DAVID B. MANOWITZ, APPELLANTS,
v.
RUTH SIEGEL, PERSONAL REPRESENTATIVE OF THE ESTATE OF MORTON LANE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Service of process upon non-residents via Florida's long arm statute was defective because the amended third-party complaint lacked jurisdictional facts.
Appellants, non-residents, had service of process attempted upon them via Florida's long arm statute. The amended third-party complaint was filed with…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jurisdictional Facts cases and more on FLexlaw
PER CURIAM.
The appellants’ (third party defendants in the trial court) Motion To Quash Service of Process and Dismiss for Lack of Personal Jurisdiction was denied. They appeal. We reverse.
Service upon appellants, non-residents of the State of Florida, was attempted via the long arm statute, Section 48.181, Florida Statutes (1969). See also Section 48.193, Florida Statutes (1973). We hold that such service was defective.
The amended third party complaint was devoid of any jurisdictional facts or allegations, which lack is fatal to appellee’s position. Joyce Bros. Storage & Van Co. v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977). See also Firestone Steel Products Company of Canada v. Snell, 423 So. 2d 979 (Fla. 3d DCA 1982) and Florida Rule of Civil Procedure 1.070(i).
While there is a record of sorts relied upon by appellees such as the affidavit of a co-defendant and certain correspondence, we decline to assay it inasmuch as it will be necessary for appellee to start over and since, being now advised, the allegations and proofs may very well be different.
Reversed and remanded.
GLICKSTEIN, DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hirschell E. Levine v. Siegel, 436 So. 2d 1105 (Fla. 4th DCA 1983)…PER CURIAM. Reversed on the authority of Lynton v. Siegel, 429 So. 2d 1375 (Fla. 4th DCA 1983). HERSEY, HURLEY and DELL, JJ., concur.…
Authorities Cited
- Joyce Bros. Storage & VAN Co. v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977)
- Criswell v. Boyle, 423 So. 2d 979 (Fla. 1st DCA 1982)