AMERICAN MOTORS CORPORATION AND JEEP CORPORATION, APPELLANTS,
v.
ARMANDO ABRAHANTES AND MARIA ABRAHANTES, HIS WIFE, APPELLEES; AMERICAN MOTORS CORPORATION AND JEEP CORPORATION, APPELLANTS, V. JAMES EXON, 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.
This case concerns whether plaintiffs properly served defendants under Florida's long-arm statute. The court found that while service was personally effected outside the state, the plaintiffs failed to demonstrate that the cause of action arose from the specific acts enumerated in the long-arm statute, which is required for such service to confer jurisdiction.
No, the plaintiffs failed to plead and prove that the cause of action arose from the acts specified in the long-arm statute, which is a prerequisite for valid service under Section 48.194. Therefore, the court lacked personal jurisdiction over the defendants.
[1] Service of process outside the state under Section 48.194, Florida Statutes, requires the plaintiff to plead and prove that the cause of action arose from the doing of an…
[2] A motion to dismiss for lack of jurisdiction based on insufficiency of service of process is appropriate when the service effected does not comply with statutory requirem…
Previewing 2 of 4 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“Having elected to so proceed, the plaintiffs were required to plead and prove, which they failed to do, that the cause of action alleged arose from the doing of any of the acts set forth in Section 48.193, Florida Statutes (1981).”
Establishes the plaintiffs' burden of proof when using out-of-state service under the long-arm statute.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs attempted to serve defendants, American Motors Corporation and Jeep Corporation, by personally serving them outside of Florida. The defenda…
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 Sufficiency Of Service Of Process cases and more on FLexlaw
PER CURIAM.
The record before us discloses that the defendants, American Motors Corporation and Jeep Corporation, were served with process in the manner provided in Section 48.194, Florida Statutes (1981), that is, by personally serving them outside the State of Florida. Having elected to so proceed, the plaintiffs were required to plead and prove, which they failed to do, 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 State as provided in Section 48.181, Florida Statutes (1981), our review of the order denying the defendants’ motions to dismiss on the ground of lack of jurisdiction over the persons of the defendants is limited to whether the jurisdictional requisites of Section 48.193, necessary predicates to service under Section 48.194, have been met. See A.B.L. Realty Corp. v. Cohl, 384 So. 2d 1351 (Fla. 4th DCA 1980).
The plaintiffs’ argument that the defendants’ failure to move to dismiss on the ground of insufficiency of service of process waives the defendants’ right to challenge such insufficiency on appeal misapprehends the nature of the defendants’ challenge below and here. A motion to dismiss for lack of jurisdiction based on insufficiency of service of process lies when the service effected does not comport' with the requirements of the statute pertaining to the manner in which such service is to be effected. P.S.R. Associates v. Artcraft-Heath, 364 So. 2d 855 (Fla. 2d DCA 1978). A motion to dismiss based on lack of jurisdiction over the person lies when the service effected, as here, although proper in manner, is not authorized by the long-arm statute which confers jurisdiction.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984)…Fla. 3d DCA 1975) (a separate maintenance action), and failed to allege facts demonstrating how the cause of action for child support arose from the doing of either of those acts. See Soule, supra. See also American Motors Corporation v. Abrahantes, 446 So. 2d 240 (Fla. 3d DCA 1984), and cases cited therein. (3) AS TO THE DISSOLUTION AND ATTORNEY’S FEES: Lastly, but most importantly, the trial court not only lacked jurisdiction because of the insufficiency of the essential allegations and proof as to the def…
-
Am. Motors Corp. & Jeep Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985)…(1981) ], the plaintiffs were required to plead and prove, which they failed to do, that the cause of action alleged arose from the doing of any of the acts set forth in Section 48.193, Florida Statutes (1981). American Motors Corp. v. Abrahantes, 446 So. 2d 240, 240 (Fla. 3d DCA 1984). Following the release of our mandate and prior to any further action by the trial court, the plaintiffs voluntarily dismissed their claims on May 29, 1984, in order to take advantage of amendments to chapter 48, Florida Sta…
-
AVIS Rent-A-Car Sys., Inc. v. Abrahantes, 517 So. 2d 25 (Fla. 3d DCA 1987)…is court has on two prior occasions dealing with this accident, heretofore decided that the cause of action arose in the Cayman Islands. See American Motors Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985); American Motors Corp. v. Abrahantes, 446 So. 2d 240 (Fla. 3d DCA 1984).…
Previewing 3 of 5 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)
- P. S. R. Assocs. v. Artcraft-Heath, 364 So. 2d 855 (Fla. 2d DCA 1978)
- A. B. L. Realty Corp. v. Cohl, 384 So. 2d 1351 (Fla. 4th DCA 1980)
- Nat'l League FOR Nursing v. Bluestone, 388 So. 2d 1090 (Fla. 3d DCA 1980)