YORK COMMUNICATIONS, INC., D/B/A YORK FINANCIAL, APPELLANT,
v.
THE FURST GROUP, INC., 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.
York Communications appealed a default judgment, arguing that service of process was defective because the affidavit of service failed to establish compliance with Florida's strict service of process requirements for corporations. The court agreed and reversed, holding that an affidavit merely asserting statutory compliance without factual support is insufficient.
Service of process was defective and the default judgment must be vacated. An affidavit that merely alleges compliance with service of process statutes is insufficient to establish proper service; the affidavit must include specific facts supporting the necessity for substituted service, including whether the process server attempted to serve the registered agent and whether the agent was absent.
[1] Statutes governing service of process must be strictly construed, and valid service on a domestic corporation requires strict compliance with those statutes.
[2] A court lacks personal jurisdiction over a defendant corporation absent strict compliance with statutory service of process requirements.
Previewing 2 of 5 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“Statutes governing service of process should be strictly construed, and valid service on a domestic corporation may only be effected by complying with such statutes.”
Establishes the strict compliance standard required for service of process on corporations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceYork Communications was served with a summons and complaint at its registered office at 11:45 a.m. on Tuesday, September 30, 1997. The affidavit of se…
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 Substituted Service cases and more on FLexlaw
STEVENSON, J.
This is an appeal from an order denying a motion to vacate default judgment. Appellant challenged the default judgment on the ground that service of process was defective on its face. We agree with appellant and reverse.
Section 48.091(2), Florida Statutes (1997), requires that a registered agent be available for receipt of service of process at the registered office “from 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays.” A party may serve a corporate employee when the corporation fails to keep a registered agent at the registered office during the designated hours. See § 48.081(3), Fla. Stat. (1997).
The summons and complaint, which were addressed to the corporate registered agent, were served at appellant’s designated registered office at 11:45 a.m. on Tuesday, September 30, 1997. The affidavit of service attests that the papers were served on an individual who refused to disclose his identity, but alleges that the individual served is appellant’s employee and that this alternative service was done in compliance with the requirements of chapter 48, Florida Statutes (1997).
Statutes governing service of process should be strictly construed, and valid service on a domestic corporation may only be effected by complying with such statutes. See A-One Dahill Moving & Storage, Co. v. American Ins. Co., 436 So. 2d 424 (Fla. 4th DCA 1983); Carlon, Inc. v. Lindy’s of Omni, Inc., 408 So. 2d 243 (Fla. 4th DCA 1981); Dade Erection Serv., Inc. v. Sims Crane Serv., Inc., 379 So. 2d 423, 425 (Fla. 2d DCA 1980); Ludlum Enters., Inc. v. Outdoor Media, Inc., 250 So. 2d 649, 650 (Fla. 4th DCA 1971). Absent strict compliance, the court lacks personal jurisdiction over the defendant corporation. See Florida Med. Ass’n, v. Spires, 153 So. 2d 756, 758 (Fla. 1st DCA 1963).
An affidavit which merely alleges that the service of process statute has been complied with is insufficient to meet the proponent’s initial burden of establishing proper service. See Johnston v. Holliday, 516 So. 2d 84, 85 (Fla. 3d DCA 1987)(holding that a return of service merely stating that substituted service was effected on the defendant’s son who was “of suitable age and discretion” was insufficient absent facts establishing that the process server complied with the specific requirements for substituted service). Here, the process server’s statement that service was made on John Doe corporate employee, without including a statement supporting the necessity for substituted service, is patently tainted. The process server alleged neither that he first attempted to serve the registered agent nor that the agent was absent.
Accordingly, we reverse and remand with instructions that the default judgment be vacated.
REVERSED and REMANDED.
STONE, C.J., and TAYLOR, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Bank OF Am., N.A. v. Bornstein, 39 So. 3d 500 (Fla. 4th DCA 2010)…ovo. Re-Employment Servs. Ltd., 969 So. 2d at 470. Statutes governing service of process should be strictly construed, and valid service on a corporation may be effected only by complying with such statutes. York Commc’ns, Inc. v. Furst Group, Inc., 724 So. 2d 678, 679 (Fla. 4th DCA 1999); accord Top Dollar Pawn Too, Inc. v. King, 861 So. 2d 1264, 1265 (Fla. 4th DCA 2003). Absent strict compliance, the court lacks personal jurisdiction over the corporation. York Commc’ns, 724 So. 2d at 679. As the party invok…
-
TOP Dollar Pawn TOO, Inc. v. King, 861 So. 2d 1264 (Fla. 4th DCA 2003)…to vacate a default judgment is abuse of discretion. George v. Raddiffe, 753 So. 2d 573 (Fla. 4th DCA 2000) (on rehearing). Second, statutes concerning service of process are to be strictly construed. York Communications, Inc. v. Furst Group, Inc., 724 So. 2d 678 (Fla. 4th DCA 1999). Third, service on a domestic corporation may be effectuated only by complying with section 48.081, Florida Statutes (2002). Section 48.081(3) provides that “process may be served on the agent designated by the corporation under…
-
Int'l Steel Truss Co. v. The Artec Grp., Inc., 824 So. 2d 340 (Fla. 2d DCA 2002)…by its inability to serve process on the defendant. But statutes governing service of process must be strictly construed, and valid service on a corporation may only be effected by complying with them. York Communications, Inc. v. Furst Group, Inc., 724 So. 2d 678, 679 (Fla. 4th DCA 1999); Dade Erection Serv., Inc. v. Sims Crane Serv., Inc., 379 So. 2d 423 (Fla. 2d DCA 1980). Service on Griffin as International Steel’s business agent under section 48.081(l)(d) was ineffective for two reasons. First, as Justi…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dade Erection Serv., Inc. v. Sims Crane Serv., Inc., 379 So. 2d 423 (Fla. 2d DCA 1980)
- Ludlum Enters., Inc. v. Outdoor Media, Inc., 250 So. 2d 649 (Fla. 4th DCA 1971)
- Fla. Med. Ass'n, Inc. v. Spires, 153 So. 2d 756 (Fla. 1st DCA 1963)
- Dadeland Fam. Planning Ctr., Inc. v. Cash, 516 So. 2d 84 (Fla. 3d DCA 1987)
- Kalman v. Kalman, 436 So. 2d 424 (Fla. 4th DCA 1983)
- Thillman v. Thillman, 408 So. 2d 243 (Fla. 4th DCA 1981)
- Carlon, Inc. v. Lindy's OF Omni, Inc., 408 So. 2d 243 (Fla. 4th DCA 1981)