J. WILLIAM WOLF ET AL., APPELLANTS,
v.
INDUSTRIAL GUARANTY BANCORP., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1973-07-31
No. 73-495
Before PEARSON, HENDRY and HAVERFIELD, JJ.
281 So. 2d 598 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 3 cases

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.

Synopsis

The Florida District Court of Appeal affirmed the trial court's denial of defendants' motions to quash service of process and dismiss the complaint in an action by a dissolving corporation seeking to determine ownership of shares of stock allegedly owned by the defendants. The court held that the action was quasi-in rem rather than true interpleader, and therefore did not require personal service of process.


Holding

The court held that the action is quasi-in rem rather than true interpleader, and therefore constructive service of process by publication is sufficient to establish jurisdiction. Personal jurisdiction over the defendants is not a condition precedent to maintaining and prosecuting a quasi-in-rem action to completion. The complaint states a sufficient cause of action.


Headnotes

[1] An interpleader action, when framed as a suit to determine ownership of stock against non-resident stockholders, may proceed as a quasi-in-rem action, dispensing with the…

[2] Constructive service by publication is permissible in an action seeking a declaratory judgment to determine the interests of various parties in corporate stock.

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Key Quotes

“First, we find plaintiff-appellee's cause of action not to be a true interpleader action even though identified as such, but rather to be closer in nature to an action for declaratory judgment and therefore personal service or process is not required.”

Establishes the court's classification of the action as quasi-in rem/declaratory judgment rather than true interpleader, which is the basis for permitting constructive service.

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Facts & Procedural History

Industrial Guaranty Bancorp., a Florida corporation, voted to dissolve and distribute its assets to shareholders in April 1972. During the dissolution…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellants take this interlocutory appeal to review the order denying their motions to quash service of process and dismiss the complaint.

On April 24, 1972 plaintiff-appellee, Industrial Guaranty Bancorp., a Florida corporation, pursuant to a vote of the shareholders, elected to dissolve and distribute its assets in cash, or in kind, to its stockholders, of which J. William Wolf and Pearl M. Wolf are registered stockholders. Plaintiff corporation subsequently began to receive demands from many strangers, named herein as defendants, contending to be owners of shares of stock registered in the names of defendant-appellants, J. William Wolf, J. W. Wolf, or Pearl M. Wolf. However, the stock transfer records of plaintiff corporation during this dissolution period did not reflect any share transfers. Plaintiff-appellee filed a petition for inter-pleader-action against the defendant-appellants seeking a determination of each defendant’s interest, and service of process was effected upon each of them by publication pursuant to Chapter 49, Florida Statutes, F.S.A., providing for constructive service. Each of the defendants filed a motion to quash the constructive service of process for lack of jurisdiction over the person of the defendant, insufficiency of service of process and for insufficiency of process on the ground that jurisdiction over the person of a defendant in an inter-pleader action requires personal service and that no personal service was effected on each defendant. In addition, each defendant moved to dismiss the complaint for failure to state a cause of action. On April 10, 1973 the court below entered an order that defendants answer the complaint and denied the above motions. This interlocutory appeal followed.

In their first point on appeal, appellants contend the court erred in failing to grant the motion of defendant-appellants to quash the constructive service of process effected upon them for insufficiency of process and insufficiency of service of process and to dismiss this action for lack of jurisdiction over the person of each defendant since interpleader is a personal action which must be commenced by personal service of process.

First, we find plaintiff-appellee’s cause of action not to be a true interpleader action even though identified as such, but rather to be closer in nature to an action for declaratory judgment and therefore personal service or process is not required. See F.S. 49.011, F.S.A. Second, a suit against non-resident stockholders to determine ownership of certain shares of stock is a quasi-in-rem proceeding, and personal jurisdiction of the defendants is not a condition precedent in order to maintain a quasi-in-rem action and prosecute it to final judgment. Brown v. Blake, Fla.App.1968, 212 So.2d 47 and Harris & Company Advertising, Inc. v. Republic of Cuba, Fla.App.1961, 127 So.2d 687.

*600For their second point on appeal, appellants contend that the court erred in failing to grant their motion to dismiss this action for failure of the complaint to state a cause of action. We find to the contrary.

After a careful consideration of plaintiff’s complaint we conclude that the allegations contained therein are sufficient to state a cause of action and thus, the trial court was correct in refusing to grant appellants’ motion to dismiss.

Accordingly, the judgment appealed is hereby affirmed.

Affirmed.


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Citator

Cited By

  • Hinton v. Gold, 813 So. 2d 1057 (Fla. 4th DCA 2002)
    …r the plaintiff wishing to bring suit complies with the requirements of due process. See McDaniel v. McElvy, 91 Fla. 770, 108 So. 820, 830 (1926); T.J.K. v. N.B., 237 So. 2d 592, 594 (Fla. 4th DCA 1970); Wolf v. [*1060] Industrial Guaranty Bancorp., 281 So. 2d 598, 599 (Fla. 3d DCA 1973). Due process demands that the defendant be given fair notice and a reasonable opportunity to be heard before a judgment is rendered. Ryan’s Furniture Exchange v. McNair, 120 Fla. 109, 162 So. 483, 487 (1935); Wyatt v. Haese,…
  • Marlowe v. City of ST. Augustine (Fla. 5th DCA 2023)
    …jurisdiction over a defendant landowner. See Hinton v. Gold, 813 So. 2d 1057, 1059 (Fla. 4th DCA 2002) (citing McDaniel v. McElvy, 108 So. 820, 830 (Fla. 1926); T.J.K. v. N.B., 237 So. 2d 592, 594 (Fla. 4th DCA 1970); Wolf v. Indus. Guar. Bancorp., 281 So. 2d 598, 599 (Fla. 3d DCA 1973)); Miccosukee Tribe of Indians of Fla. v. Dep’t of Envtl. Prot. ex rel Bd. of Trs. of the Int. Imp. Trust Fund, 78 So. 3d 31, 33 (Fla. 2d DCA 2011). However, a trial court obtains jurisdiction in such actions “only after the…

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