TRAYLOR BROTHERS, INC., PETITIONER,
v.
TORA SHIPMAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAURICE SHIPMAN, RESPONDENT
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PER CURIAM.
We have for review Traylor Brothers, Inc., v. Shipman, 738 So. 2d 1028 (Fla. 1st DCA 1999), which certified conflict with Comisky v. Rosen Management Service, Inc., 630 So. 2d 628 (Fla. 4th DCA 1994), and Mid-Florida Associates, Ltd. v. Taylor, 641 So .2d 182 (Fla. 5th DCA 1994), concerning the issue of a motion to dismiss alleging untimely service under Florida Rule of Civil Procedure 1.707(j). We have jurisdiction. Art. Y, § 3(b)(4), Fla. Const. In Thomas v. Silvers, 748 So. 2d 263 (Fla.1999), we resolved this conflict by approving the decision of the district court below and holding that an order denying a motion to dismiss that is based on untimely service under rule 1.070(j) is not an order which determines “jurisdiction of the person” and therefore is not directly appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). Therefore, we approve the First District’s decision in Traylor Brothers, based on our decision in Thomas.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Archer v. U.S. Bank Nat'l Ass'n, 220 So. 3d 477 (Fla. 5th DCA 2017)…hat is based on untimely service under rulel.070(j) is not an order which determines ‘jurisdiction of the person’ and therefore is not directly ap-pealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i).” Traylor Bros., Inc. v. Shipman, 758 So. 2d 91, 91 (Fla. 2000). Thus, this Court lacks jurisdiction because the rules of appellate procedure do not permit review of this nonfinal order. DISMISSED. SAWAYA and EDWARDS, JJ., concur. . Conversely, if the plaintiff is seeking a deficiency judgmen…
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Jennings v. Montenegro, 792 So. 2d 1258 (Fla. 4th DCA 2001)…at is based on untimely service under rule 1.070(j) is not an order which determines “jurisdiction of the person” and, therefore, is not directly appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). Traylor Bros., Inc. v. Shipman, 758 So. 2d 91 (Fla.2000). DISMISSED in part; REVERSED in part and REMANDED for further proceedings in accordance with this opinion. STEVENSON and TAYLOR, JJ., concur.…
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Johnson v. Girtman, 44 So. 3d 261 (Fla. 4th DCA 2010)…On Motion for Rehearing PER CURIAM. We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place. Dismissed. See Traylor Bros., Inc. v. Shipman, 758 So. 2d 91 (Fla.2000) (order denying a motion to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j) is not an appealable non-final order); see also Wick v. Spector, 562 So. 2d 402 (Fla. 3d DCA 1990) (order denying motion to dismiss for failure to pro…
Authorities Cited
- Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
- Mid-Florida Assocs., Ltd. v. Taylor, 641 So. 2d 182 (Fla. 5th DCA 1994)
- Thomas v. Silvers, 748 So. 2d 263 (Fla. 1999)
- Shurtleff v. State, 738 So. 2d 1028 (Fla. 1st DCA 1999)
- Traylor Bros., Inc. v. Tora Shipman, 738 So. 2d 1028 (Fla. 1st DCA 1999)