BENJAMIN JAMIL, APPELLANT,
v.
MARIA EUGENIA MURGAS ACOSTA, APPELLEE

Fla. 3d DCA | 1997-08-13
No. 96-3494
Before NESBITT, GODERICH and GREEN, JJ.
697 So. 2d 1279 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

We conclude that the allegations in the second amended complaint were insufficient to authorize substituted service of process upon the nonresident appellant through the secretary of state, pursuant to sections 48.161 and 48.181, Florida Statutes (1989). See Caribe & Panama Invs., S.A. v. Christensen, 375 So. 2d 601, 603 (Fla. 3d DCA 1979); Hartman Agency, Inc. v. Indiana Farmers Mut. Ins. Co., 353 So. 2d 665, 666 (Fla. 2nd DCA 1978); see also McDougal v. Mizrahi, 636 So. 2d 138, 138 (Fla. 3d DCA 1994) (no basis for asserting personal jurisdiction over nonresidents absent sufficient allegations that nonresidents did business as individuals, as opposed to their conduct as officers of corporation).

It is well settled that a complaint must “sufficiently allege jurisdictional facts to clearly justify service”. Tako v. Mayer Rothkopf Indus., Inc., 388 So. 2d 1092, 1093 (Fla. 3d DCA 1980). Accordingly, the order below denying the appellant’s motion to quash service of process and ordering a responsive pleading is reversed and the cause remanded for dismissal of the second amended complaint for lack of personal jurisdiction.

Reversed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Berne v. Beznos, 819 So. 2d 235 (Fla. 3d DCA 2002)
    …partner of the Florida limited partnership. However, under the corporate shield doctrine, such activities are not sufficient to establish jurisdiction over the defendant personally. Doe v. Thompson, 620 So. 2d 1004, 1006 (Fla.1993); Jamil v. Acosta, 697 So. 2d 1279 (Fla. 3d DCA 1997); Snibbe v. Napoleonic Society of America, Inc., 682 So. 2d 568 (Fla. 2d DCA 1996); Newberry v. Rife, 675 [*240] So. 2d 684 (Fla. 2d DCA 1996); Intercarga Internacional de Carga, S.A. v. Harper Group, Inc., 669 So. 2d 1208 (Fla. 3d…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw