SIERRA HOLDING, INC., A FLORIDA CORPORATION, APPELLANT,
v.
SHARP ELECTRONICS CORP., APPELLEE
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PER CURIAM.
Appellant, Sierra Holding, Inc., challenges the sufficiency of service of process upon it where same was attempted under the provisions of Sections 48.081(3), Florida Statutes (1979) as amended.
The process server actually served one Charles (Chuck) Drago with process. The dispositive issue is whether Mr. Drago was an employee of appellant at the time. From an examination of the record and testimony we find no basis for a finding that Mr. Drago was an employee of appellant, but to the contrary find he was not. Thus, the service under the mentioned statute was invalid.
We further hold that appellant did not submit to personal jurisdiction by general appearance. Finally we do not rule on the sufficiency of subsequent substituted service since the trial court has not yet adjudicated its sufficiency.
Reversed and remanded.
LETTS, BERANEK and WALDEN, JJ., concur.
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Sierra Holding, Inc. v. INN Keepers Supply Co., 464 So. 2d 652 (Fla. 4th DCA 1985)…owever, that the answers to interrogatories indicate only that Mr. Drago acted for Sierra in 1981 and earlier, and the sales orders on which his name appears as the addressee are all dated 1979. As in Sierra Holding, Inc. v. Sharp Electronics Corp., 436 So. 2d 324 (Fla. 4th DCA 1983), there is no evidence in the record of the instant case that Drago was an employee at the time of the service of process in March 1982, and the fact that he notarized the signature of a corporate officer is not sufficient in itse…
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Sierra Holding, Inc. v. Sayner, 469 So. 2d 239 (Fla. 4th DCA 1985)…gh the second motion was not noticed. In any event, the motion, or motions, were denied and appellant was directed to answer. This non-final appeal ensued. In another suit against the same appellant, Sierra Holding, Inc. v. Sharp Electronics Corp., 436 So. 2d 324 (Fla. 4th DCA 1983), involving a similar attempted service upon appellant via the same employee, Dra-go, we reversed an order upholding service on the ground the record showed he was not an employee. An examination of the pertinent statutes, sectio…
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Bray v. State, 751 So. 2d 745 (Fla. 5th DCA 2000)…PER CURIAM. AFFIRMED. See Torres v. State, 436 So. 2d 324 (Fla. 5th DCA 1983). ANTOON, C.J., W. SHARP, and HARRIS, JJ., concur.…