NEW ENGLAND RARE COIN GALLERIES, INC., A MASSACHUSETTS. CORPORATION, APPELLANT,
v.
JACK ROBERTSON, APPELLEE
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The appellate court reversed a lower court's denial of a motion to set aside a default judgment. The court found that the defendant corporation had standing to challenge the judgment, even though its authority to do business in the state had been revoked. Furthermore, the default judgment was void because service of process by publication was improper for the type of action filed.
Yes, the trial court erred. The defendant corporation had standing to move to set aside the default, and the default judgment was void because service of process by publication was not a permissible method for obtaining in personam jurisdiction in this action.
[1] A foreign corporation's failure to obtain authority to transact business in Florida does not prevent it from defending an action in Florida courts.
[2] Service of process by publication is not available to procure in personam jurisdiction over a defendant in an action for damages arising out of breach of contract, breach…
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Join FLexlaw to unlock all legal intelligence“The failure of a foreign corporation to obtain authority to transact business in this state ... shall not prevent such corporation from defending any action, suit, or proceeding in any court of this state.”
This quote establishes that the defendant corporation had the legal right to defend itself in court despite its revoked business authority.
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Join FLexlaw to unlock all legal intelligenceThe defendant, a foreign corporation, had its authority to conduct business in Florida revoked. It later sought to set aside a default and default jud…
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DANIEL S. PEARSON, Judge.
The order under review, denying the defendant’s amended motion to set aside a default and ensuing default judgment, is reversed.
First, the fact that the authority of New England Rare Coin Galleries, Inc., a Massachusetts corporation, to conduct business had been revoked, did not, contrary to the trial court’s view, deprive it of standing to move to set aside the default, § 607.354(2), Fla.Stat. (1985) (“The failure of a foreign corporation to obtain authority to transact business in this state ... shall not prevent such corporation from defending any action, suit, or proceeding in any court of this state.”); see Brecht v. Bur-Ne Co., 91 Fla. 345, 108 So. 173 (1926).
Second, although the trial court’s erroneous view that New England lacked standing prevented it from reaching the merits of New England’s motion, we do not remand the matter to the trial court for ruling since a default is patently void, see, e.g., Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976); Ressler v. Sena, 307 So. 2d 457 (Fla. 4th DCA 1975), where, as here, the action is one for damages arising out of breach of contract, breach of warranty, fraud and negligent misrepresentation, and thus, service of process by publication, expressly limited to quite different actions and proceedings enumerated in Section 49.011, Florida Statutes (1985), is not available to the plaintiff to procure in per-sonam jurisdiction over the defendant. Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla.1986); Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982); Alan Restaurant Corp. v. Walder, 399 So. 2d 1128 (Fla. 4th DCA 1981); Gaskill v. Mag Brothers, Inc., 372 So. 2d 98 (Fla. 2d DCA 1979).
We have, by separate order, granted appellant’s motion for attorney’s fees under Section 57.105, Florida Statutes (1985), upon a finding that appellee’s arguments that appellant lacked standing to contest the default and default judgment and that service of process by publication was proper are manifestly frivolous.
Reversed with directions to vacate the default and default judgment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Est. OF Margarete Bobinger v. The Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990)…, where Deltona might seek a money judgment based on breach of contract. Service by publication in such a case [*749] would not have been sufficient to insure proper jurisdiction. Bedford Computer; New England Rare Coin Galleries, Inc. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987). As to the count seeking cancellation of the contracts in the public records, the jurisdiction, obtained here by publication, was quasi in rem because it deals with an individual’s interest in real property and this property is wi…
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Tiedeman v. City OF Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988)…record that the plaintiffs could have ever shown standing to bring this lawsuit or could have otherwise succeeded on the merits, Whitten v. Progressive Casualty Ins. Co., 410 So. 2d 501 (Fla.1982); New England Rare Coin Galleries, Inc. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987); Puder v. Raymond Int’l Builders, Inc., 424 So. 2d 78 (Fla. 3d DCA 1982), rev. denied, 434 So. 2d 888 (Fla.1983); (b) attorney’s fees were properly awardable under the above statute for, among other things, litigating the amount o…
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Alden Zieman v. Emilio Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991)…ated in section 49.011, Florida Statutes (1989), which sets forth the eases in which service by publication is authorized. Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla.1986); New England Rare Coin Galleries, Inc. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987); Alan Restaurant Corp. v. Walder, 399 So. 2d 1128 (Fla. 4th DCA 1981); cf. Estate of Bobinger v. Deltona Corp., 563 So. 2d 739, 748 (Fla. 2d DCA 1990). Moreover, “constructive service confers only in rem or quasi in rem jurisdicti…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brecht v. Bur-Ne Co., 91 Fla. 345 (Fla. 1926)
- Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)
- Callaghan v. Blanche D. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976)
- Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982)
- Alan Rest. Corp. v. Selma Walder and Irving Walder, 399 So. 2d 1128 (Fla. 4th DCA 1981)
- Ressler v. Sena, 307 So. 2d 457 (Fla. 4th DCA 1975)
- Gaskill v. MAY Bros., Inc., 372 So. 2d 98 (Fla. 2d DCA 1979)