SHIRLEY RICHARDSON AND WILLIAM RICHARDSON, HER HUSBAND, APPELLANTS,
v.
CHARLES LLOYD ALBURY, CHARLES B. ALBURY, MAXINE F. ALBURY, HIS WIFE, PSYCHIATRIC HOSPITAL OF FLORIDA, INC., F/K/A E.H.I. OF FLORIDA, INC., D/B/A HORIZON HOSPITAL AND PINELLAS EMERGENCY MENTAL HEALTH SERVICES, INC., APPELLEES
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.
Plaintiffs brought a negligence action against a Florida corporation (PEMHS) and elected to serve it under an alternative provision of the service of process statute. The trial court quashed service, but the appellate court reversed, holding that service on an employee at the corporation's place of business was proper when the registered agent was no longer with the corporation.
The court held that service of process was proper. When a corporation fails to maintain a current registered agent in compliance with section 48.091, section 48.081(3) expressly permits service on any employee at the corporation's place of business. The facts constituted noncompliance with section 48.091, thereby authorizing service on the associate director as an employee of PEMHS.
[1] Service of process on a corporation is proper under section 48.081(3), Florida Statutes, when the registered agent is no longer with the corporation and service is made u…
[2] A corporation fails to comply with section 48.091, Florida Statutes, by not keeping its registered agent listing current with the Department of State, Division of Corpora…
Previewing 2 of 6 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“sections 48.081 and 48.091 provide the exclusive means of effecting service of process on an active corporation, and these provisions must be strictly construed”
Establishes the strict construction standard for service of process statutes
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Richardsons sued PEMHS for negligence. On March 10, 1986, plaintiffs' attorney verified with the Department of State that F. Dee Goldberg was PEMH…
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 Alternative Service Of Process cases and more on FLexlaw
RYDER, Judge.
This is an appeal from the trial court’s order granting a motion to quash service. We reverse.
The Richardsons brought an action for negligence against, among others, Pinellas Emergency Mental Health Services, Inc. (a Florida corporation), hereinafter referred to as PEMHS. The Richardsons elected to achieve service of process on PEMHS under subsection (3) of section 48.081, Florida Statutes (1985).1
On March 10, 1986, the Richardsons’ attorney contacted the Department of State, Division of Corporations to ascertain the identity and address of the PEMHS registered agent. F. Dee Goldberg was listed as the registered agent, director and president of PEMHS. The address for service on the registered agent was the same as the address of PEMHS. On March 17, 1986, appellants’ process server went to serve the registered agent for PEMHS at the address specified on the summons. It appears from the pleadings before us that a default was entered against PEMHS on April 8,1986.2 On May 13, 1986, PEMHS filed a motion to quash service of process alleging as grounds that it had been served at an improper time and that the associate director was not one of the proper individuals to be served under section 48.081.
Prior to a hearing on the motion, appellants filed the affidavit of the process server. His affidavit indicates the following: he arrived at the address specified on the summons at approximately 2:00 p.m. and was informed that the registered agent was “no longer with the corporation and had been gone for six weeks or more”; he was also informed that the principals of PEMHS were being reorganized; the process server then asked for the next person in charge and subsequently served the associate director of PEMHS. PEMHS countered with an affidavit from the associate director who was served. He admitted that he spoke with the process server on March 17 in the waiting room at PEMHS but stated “none of my job duties related to the accepting of service of process.” He, however, confirmed that the process server had asked him who was next in charge since F. Dee Goldberg was no longer there. When the process server was told that the person next in charge was also not in, he asked the associate director who then was next in charge after that, and the associate director responded, “I told him that I guessed that I was.” The associate director then stated in his affidavit that the summons was handed to him. He also stated that the process server did not ask for the names of the corporate officers of PEMHS.
Appellants also filed an affidavit of their attorney’s secretary. The secretary stated in her affidavit that she had contacted the Division of Corporations in Tallahassee on three separate occasions in order to ascertain the identity of the registered agent of PEMHS. Her first contact with the Division was on March 10, 1986 — one week before service was accomplished. The other two times, June 13 and June 16, 1986, were a few days prior to the hearing on the motion to quash service of process. On each occasion she was informed by the Division that PEMHS listed F. Dee Goldberg as its registered agent, director and president.
The trial court granted PEMHS’ motion to quash service upon a finding that “the return of service [of the process server] is improper-” This appeal timely followed.
“The purpose of service of process is to give a defendant proper notice that it is answerable to a plaintiff’s claim, to advise the defendant as to the nature of that claim, and to afford the defendant an opportunity to defend against it.” American Hospital of Miami, Inc. v. Nateman, 498 So. 2d 444, 445 (Fla. 3d DCA 1986). This court has previously held that “sections 48.081 and 48.091 provide the exclusive means of effecting service of process on an active corporation, and these provisions must be strictly construed.” Dade Erection Services, Inc. v. Sims Crane Service, Inc., 379 So. 2d 423, 425 (Fla. 2d DCA 1980). Appellees argue that our holding in Dade Erection Services and the first district’s holding in Southeastern Mail Transport, Inc. v. Amoco Oil Co., 402 So. 2d 522 (Fla. 1st DCA 1981) should lead us to an affirmance of the trial court’s order quashing service of process in the instant case. We disagree. Both of those cases concern the construction of subsection (1) of section 48.081. Subsection (1) requirements for proper service are much stricter and much more specific than the requirements for the alternative means of service of process under subsection (3).
In the instant case, under subsection (3), once the process server determined that PEMHS had not complied with section 48.- 091 by keeping current its registered agent listing at the Department of State, Division of Corporations, subsection (3) explicitly states that the process server may achieve service of process “on any employee at the corporation’s place of business.” (Emphasis added). Appellants’ process server did exactly that. In fact, he went one step further and served the person whom he was told was in charge at the time. We explicitly hold that the facts of this case constitute — as a matter of law — noncompliance with section 48.091, Florida Statutes, thereby authorizing appellants’ process server to serve “any employee at the corporation’s place of business.”
Appellees urge upon us the case of Sierra Holding, Inc. v. Inn Keepers Supply Co., 464 So. 2d 652 (Fla. 4th DCA 1985). The facts in Sierra Holding easily distinguish it from the facts in the instant case. In Sierra Holding, there was evidence that the person served in the absence of the registered agent was not an employee of the corporation. In addition, the registered agent filed an affidavit stating that he was only temporarily gone from the office. In the instant case, no evidence contradicts the fact that the person designated by the corporation as the registered agent, F. Dee Goldberg, was permanently gone— Goldberg was no longer with the corpora-, tion. In addition, no evidence contradicts the fact that the person served was an employee of PEMHS, rather, the affidavit of the person served confirms he was not only an employee of PEMHS but was the person in charge at the time and admits receipt of the summons.
As a matter of law, appellants’ service of process upon PEMHS was proper. The trial court erred in granting the motion to quash service of process. Thus, we reverse and vacate the trial court’s order and remand this matter to the trial court with instructions that the default previously entered against PEMHS be reinstated.3
Reversed and remanded with instructions.
SCHEB, A.C.J., and HALL, J., concur. . § 48.081(3), Fla.Stat. (1985), states:
"As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under section 48.091. However, if service cannot be made on a registered agent because of failure to comply with section 48.091, service of process shall be permitted on any employee at the corporation’s place of business."
. Both parties filed an appendix in this appeal. Neither party included the default order in their appendix. An appendix is the proper substitute for the record in appeals reviewing nonfinal orders. Fla.R.App.P. 9.130(d), (e) and 9.220.
. It may appear that reinstatement of the default is a harsh disposition. It is not. The evidence is uncontroverted that PEMHS had notice of the claim against them. If the associate director did not timely notify the appropriate officers of PEMHS, PEMHS is still bound by the omission of its agent/employee. If PEMHS made a conscious decision that the service of process was improper, and chose to rely on that decision, then they cannot now be heard to complain.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pinellas Emergency Mental Health Servs., Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988)…s failure to respond to the Richardsons’ complaint. Thereafter, on a motion by PEMHS, the court entered an order quashing service of process and setting aside the default. The Richardsons appealed, and the order was reversed in Richardson v. Albury, 505 So. 2d 521 (Fla. 2d DCA 1987). On remand, the trial court vacated the default against PEMHS, and PEMHS filed its answer and affirmative defenses to the Richardsons’ second amended complaint. On August 7, 1987, Shirley Richardson and her husband filed their mo…
-
Wash. Cap. Corp. v. Milandco, Ltd., Inc., 665 So. 2d 375 (Fla. 4th DCA 1996)…ice cannot be made on a registered agent in Florida because of a corporation’s failure to maintain the registered agent pursuant to subsection 48.091. See Sierra Holding, Inc. v. Sayner, 469 So. 2d 239, 240 (Fla. 4th DCA 1985); Richardson v. Albury, 505 So. 2d 521, 522-23 (Fla. 2d DCA 1987). However, as Washington Capital points out, section 48.091 only requires those foreign corporations “now qualified or hereafter qualifying to transact business in this state” to designate a registered agent or registered o…
-
S.T.R. Indus., Inc. v. Hidalgo Corp., 832 So. 2d 262 (Fla. 3d DCA 2002)…ierra Holding, Inc. v. Inn Keepers Supply Co., 464 So. 2d 652, 654 (Fla. 4th DCA 1985). Subsection (1) requirements are much stricter and much more specific than the requirements for service of process under subsection (3). See Richardson v. Albury, 505 So. 2d 521, 522 (Fla. 2d DCA 1987). Section 48.081(3) allows alternative service on any employee at the corporation’s place of business if the corporation has failed to designate a registered agent pursuant to section 48.091. However, this subsection only appl…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sierra Holding, Inc. v. INN Keepers Supply Co., 464 So. 2d 652 (Fla. 4th DCA 1985)
- Dade Erection Serv., Inc. v. Sims Crane Serv., Inc., 379 So. 2d 423 (Fla. 2d DCA 1980)
- Se. Mail Transp., Inc. v. Amoco OIL Co., 402 So. 2d 522 (Fla. 1st DCA 1981)
- Am. Hosp. OF Miami, Inc. v. H. Richard Nateman, M.D., 498 So. 2d 444 (Fla. 3d DCA 1986)