ALLIED STORES CORPORATION, APPELLANT,
v.
BERTHA MANIS, DAVID SOUTH D/B/A SOUTH CHEMICAL COMPANY AND OIL SPECIALTIES AND REFINING COMPANY, APPELLEES
Affirmed on the authority of Fawcett Publications, Inc. v. Rand, Fla.App.1962, 144 So.2d 512; Fawcett Publications, Inc. v. Brown, Fla.App.1962, 146 So.2d 899; and Young Spring & Wire Corp. v. Smith, Fla.1965, 176 So.2d 903.
REED and OWEN, JJ., concur.
WALDEN, J., dissents, with opinion.
(dissenting) :
I respectfully dissent.
This is an interlocutory appeal which is addressed to a trial court order quashing service of process upon an out of state party, Oil Specialties and Refining Co. In my opinion the record, and particularly the testimony of David South, adequately supports the service of process under the terms of Section 48.181(3), F.S.1967, F.S.A., which provides:
“Any person, firm or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers or distributors to any person, firm or corporation in this state shall be conclusively presumed to be operating, conducting, engaging in or carrying on a business venture in this state.”
I would reverse and thereby retain jurisdiction of the out of state defendant.
WALDEN, Judge
(dissenting) :
I respectfully dissent.
This is an interlocutory appeal which is addressed to a trial court order quashing service of process upon an out of state party, Oil Specialties and Refining Co. In my opinion the record, and particularly the testimony of David South, adequately supports the service of process under the terms of Section 48.181(3), F.S.1967, F.S.A., which provides:
“Any person, firm or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers or distributors to any person, firm or corporation in this state shall be conclusively presumed to be operating, conducting, engaging in or carrying on a business venture in this state.”
I would reverse and thereby retain jurisdiction of the out of state defendant.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fla. First Nat'l Bank at Key W. v. Trs. of the Internal Improvement Fund, 36 Fla. Supp. 42 (Monroe Cty. Cir. Ct. 1971)…counsel. This court has jurisdiction of the subject matter and the parties hereto and proper venue lies in Monroe County based upon §69.041, Florida Statutes, and Trustees of the Internal Improvement Fund v. Florida First National Bank at Key West, 237 So. 2d 824 (DCA 3 1970). Further, this court finds that there is a justiciable issue. Findings of fact The lands involved in this action are three contiguous government lots, situated on the northeast end of Upper Matecumbe Key and more particularly describe…
Authorities Cited
- O'Neill v. Adams, 176 So. 2d 903 (Fla. 1965)
- Fawcett Publ'ns, Inc. v. Rand, 144 So. 2d 512 (Fla. 3d DCA 1962)
- Fawcett Publ'ns, Inc. v. Brown, 146 So. 2d 899 (Fla. 2d DCA 1962)