SOUTHWEST CYCLE SALES, INC., A KANSAS CORPORATION, APPELLANT,
v.
GOLD KEY MARKETING, INC., APPELLEE
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Southwest Cycle Sales, a Kansas corporation, appealed the denial of its motion to quash service of process in a contract dispute. The court affirmed that a non-resident party cannot disclaim valid service of process made in accordance with the express terms of its own contract.
A party cannot disclaim service of process when that service is made in the exact manner and upon the agent expressly designated in its own contract. The trial court properly denied the motion to quash service, and this denial is affirmed.
[1] A party who contracts to appoint the Florida Secretary of State as an agent for service of process and agrees to be bound by such service cannot later disclaim service ma…
[2] A contractual agreement designating the Florida Secretary of State as an agent for service of process is enforceable against the party making the designation.
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Join FLexlaw to unlock all legal intelligence“the purchaser, having appointed the Secretary of State as the person to be so served as its agent and having agreed to be bound thereby, can disclaim the service when made in the manner for which it had so contracted”
States the core legal question of whether a party can disavow service made according to its own contractual terms
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Join FLexlaw to unlock all legal intelligenceSouthwest Cycle Sales, a non-resident Kansas corporation, was the purchaser under a contract for the sale of goods that included a promissory note. Th…
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This is an interlocutory appeal from an order denying a motion to quash service of process. The appellant, a non-resident of Florida, who was the purchaser under a contract for the sale of goods which included a promissory note for payment of the items purchased, agreed therein that the note would be deemed to have been made in Dade County, Florida, and, in event of the purchaser’s default and action filed thereon, agreed to be bound by service of process made upon the Florida Secretary of State, who was appointed therein by the purchaser as its agent for the service of such process, and by the mailing to purchaser [by seller] of a copy of the papers so served. Service was made on the Secretary of State in accordance therewith, and copies of the papers were mailed to the purchaser.
The Secretary of State could have, but did not refuse the service of the process. Actually the service was made on the Secretary of State as though it was service under the Long Arm statute, which could explain why the Secretary of State did not refuse the “agency appointment” service, as that official could have done. However, the service was made in the manner contracted for by the purchaser.
Therefore the question to be determined was whether the purchaser, having appointed the Secretary of State as the person to be so served as its agent and having agreed to be bound thereby, can disclaim the service when made in the manner for which it had so contracted. The trial court held it could not, and denied a motion to quash the service. We affirm. See National Equipment Rental v. Szukhent, 375 U.S. 311, 84 S.Ct. 411, 11 L.Ed.2d 354; cf. Illinois Central Railroad Company v. Simari, Fla.1966, 191 So.2d 427.
Affirmed.
(dissenting).
In the present instance the appellee is alleged to have appointed the “Secretary of State of the State of Florida” as his agent. The Secretary is a constitutional officer. The duties of the office are prescribed by law. These duties do not include responsibilities which may be specified in private contracts to which the State is not a party.
* * * * * *
“The authority of public officers to proceed in a particular way or only upon specific conditions implies a duty not to *392proceed in any manner than that which is authorized by law. * * * ” White v. Crandon, 116 Fla. 162, 156 So. 303 (1934).
* * * * * *
See cases cited in 67 C.J.S. Officers § 102.
PEARSON, Judge
(dissenting).
In the present instance the appellee is alleged to have appointed the “Secretary of State of the State of Florida” as his agent. The Secretary is a constitutional officer. The duties of the office are prescribed by law. These duties do not include responsibilities which may be specified in private contracts to which the State is not a party.
* * * * * *
“The authority of public officers to proceed in a particular way or only upon specific conditions implies a duty not to proceed in any manner than that which is authorized by law. * * * ” White v. Crandon, 116 Fla. 162, 156 So. 303 (1934).
* * * * * *
See cases cited in 67 C.J.S. Officers § 102.
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Leasefirst v. Allied Mach. OF S. Fla., Inc., 597 So. 2d 415 (Fla. 4th DCA 1992)…contract such as was used here. See National Equipment Rental Ltd. v. Szukhent, 375 U.S. 311, 84 S.Ct. 411, 11 L.Ed.2d 354 (1964). Nor is there any problem under Florida law with this procedure. Southwest Cycle Sales Inc. v. Gold Key Marketing Inc., 265 So. 2d 390 (Fla. 3d DCA 1972). We see nothing wrong with the Michigan service. The lessee is charged with reading the contract before signing it and cannot later disclaim knowledge of its contents or its legal effect. Allied Van Lines Inc. v. Bratton, 351 So.…
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James Carroll Assocs., Inc. v. Video Applications, Inc., 421 So. 2d 3 (Fla. 5th DCA 1982)….193, Fla.Stat. (1981). . See generally such cases as Anson v. Lemperuer, 390 So. 2d 478 (Fla. 1st DCA 1980); First Nat’i Bank of Kissimmee v. Dunham, 342 So. 2d 1021 (Fla. 4th DCA 1977), and Southwest Cycle Sales, Inc. v. Gold Key Marketing, Inc., 265 So. 2d 390 (Fla. 3d DCA 1972) where there were other factors, as well as payment of the note, to consider in determining the issue of minimum contacts. . Neff v. Adler, 416 So. 2d 1240 (Fla. 4th DCA 1982); Bank of Wessington v. Winters Gov’t. Sec. Corp., 361…
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Murchison v. Banque Arabe ET Internationale D'Investissement, 450 So. 2d 313 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. Newton v. Bryan, 142 Fla. 14, 194 So. 282 (1940); Southwest Cycle Sales, Inc. v. Gold Key Marketing, Inc., 265 So. 2d 390 (Fla. 3d DCA 1972).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nat'l Equip. Rental, Ltd. v. Szukhent, 375 U.S. 311 (U.S. 1964)
- Ill. Cent. R.R. Co. v. Simari, 191 So. 2d 427 (Fla. 1966)
- White v. Crandon, 116 Fla. 162 (Fla. 1934)