EVERETT HONEGGER, APPELLANT,
v.
COASTAL FERTILIZER & SUPPLY, INC., MANNA GRO FARMS, A FLORIDA CORPORATION, CECIL J. GRAINGER, AND LEE E. BAKER, APPELLEES
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Everett Honegger appeals the trial court's denial of his motion to quash service of process by publication in a breach of guaranty action. The court held that service by publication confers only in rem or quasi in rem jurisdiction, which is insufficient for an in personam action seeking personal money damages, and therefore reversed the trial court's order.
Service of process by publication confers only in rem or quasi in rem jurisdiction, which is insufficient for an in personam action seeking a personal money judgment. Because the amended complaint seeks damages against Honegger individually, in personam jurisdiction was necessary and service by publication was inadequate.
[1] Service of process by publication confers only in rem or quasi in rem jurisdiction.
[2] An action seeking a personal money judgment against a defendant requires in personam jurisdiction over that defendant.
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Join FLexlaw to unlock all legal intelligence“Constructive service confers only in rem or quasi in rem jurisdiction upon the court.”
Establishes the fundamental limitation on jurisdiction conferred by service by publication.
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Join FLexlaw to unlock all legal intelligenceCoastal Fertilizer & Supply, Inc. sold fertilizer to Manna Gro Farms on open account, and Honegger executed a guaranty of payment for all indebtedness…
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THREADGILL, Acting Chief Judge.
Everett Honegger, a defendant in an action to recover amounts due on a guaranty, appeals a nonfinal order denying his motion to quash service of process by publication. Because service of process by publication confers only in rem or quasi in rem jurisdiction, it was ineffective, in this in personam action. We reverse.
The amended complaint alleges that the plaintiff, Coastal Fertilizer & Supply, Inc., sold fertilizer to Manna Gro Farms on an ongoing basis on open account. Mr. Honeg-ger executed and delivered to Coastal a guaranty of payment for all indebtedness due and owing from Manna Gro to Coastal. The amended complaint alleges that Manna Gro failed to pay the amounts due and owing to Coastal. It seeks a judgment for money damages against Mr. Honegger on the guaranty.
Coastal retained the services of a licensed process server in Anchorage, Alaska to attempt personal service of process on Mr. Honegger. Coastal had only a mailing address for Mr. Honegger in Anchorage. The process server was unable to locate him. Thereafter, Coastal filed a sworn statement for constructive service as required by section 49.031, Florida Statutes (1995), and the Naples Daily News published a notice of action. Mr. Honegger, through his attorneys on special limited appearance, filed a motion to quash service of process by publication. After a hearing, the trial court denied the motion, finding that there had been a purposeful avoidance of service of process and that constructive service was sufficient in this case.
Mr. Honegger argues that constructive service, or service by publication, was insufficient to confer jurisdiction. A personal money judgment necessitates in personam jurisdiction over the defendant. See Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991). Constructive service confers only in rem or quasi in rem jurisdiction upon the court. See Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla.1986); Estate of Bobinger v. Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990). A personal judgment against a defendant based on constructive service would deprive a defendant of his property without due process of law. See Bedford, 484 So. 2d at 1226. Since the amended complaint in this case seeks a judgment for damages against Mr. Honeg-ger, in personam jurisdiction over him was needed, and service of process by publication was insufficient. We therefore reverse the order denying the motion to quash service of process.
Reversed. •
PATTERSON and GREEN, JJ., concur.
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Hitt v. Homes & Land Brokers, Inc., 993 So. 2d 1162 (Fla. 2d DCA 2008)…ased upon constructive service of process would deprive a defendant of his property without due process of law.” Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225, 1227 (Fla.1986); see also Honegger v. Coastal Fertilizer & Supply, Inc., 712 So. 2d 1161, 1162 (Fla. 2d DCA 1998) (“A personal money judgment necessitates in personam jurisdiction over the defendant.”). As such, we reverse the trial court’s denial of Hitt’s motion to dismiss as to count II of the complaint, in which Homes & Land request…
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Lorie v. Calderon, 982 So. 2d 1199 (Fla. 3d DCA 2008)…edings, it was absolutely insufficient once the complaint was amended to state an in personam damages claim. A defendant must be personally served in order to obtain a money judgment against him or her. Honegger v. Coastal Fertilizer & Supply, Inc., 712 So. 2d 1161 (Fla. 2d DCA 1998); Zieman v. Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991). Constructive service confers only in rem or quasi in rem jurisdiction upon the court. Zieman, 578 So. 2d at 332. A personal judgment against a defendant based on constructive se…
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Marlowe v. City of ST. Augustine (Fla. 5th DCA 2023)…p of the subject property, including the easternmost by publication, when effected in compliance with statutory requirements, satisfies this due process requirement for in rem jurisdiction. See, e.g., Honegger v. Coastal Fertilizer & Supply, Inc., 712 So. 2d 1161, 1162 (Fla. 2d DCA 1998) (citing Bedford Comput. Corp. v. Graphic Press, Inc., 484 So. 2d 1225, 1227 (Fla. 1986); Est. of Bobinger v. Deltona Corp., 563 So. 2d 739, 748 (Fla. 2d DCA 1990)). portion of the surveyed and platted property in dispute.…
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
- Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)
- Est. OF Margarete Bobinger v. The Deltona Corp., 563 So. 2d 739 (Fla. 2d DCA 1990)
- Alden Zieman v. Emilio Cosio, 578 So. 2d 332 (Fla. 3d DCA 1991)