PAUL W. HOFFMANN ET AL., APPELLANTS,
v.
THREE THOUSAND SOUTH ASSOCIATION, INC., ET AL., APPELLEES
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The trial court erred in denying the defendants-appellants' motion to quash service of process because the statutes used for service were not effective at the time the cause of action arose and the plaintiff failed to rebut evidence of the inapplicability of the long-arm statute.
Plaintiff sought to serve process using statutes that became effective after the cause of action accrued. The defendants filed a motion to quash servi…
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PER CURIAM.
Upon consideration of the record and briefs we are of the opinion that the trial court erred in denying defendants-appellants’ motion to quash service of process.
The record reflects that the cause of action arose sometime prior to July 1, 1973; however, plaintiff-appellee sought to effectuate service of process under Sections 48.193 and 48.194, which did not become effective until July 1, 1973 (see chap. 73-179, Laws of Fla.). It has been well settled that the aforementioned statutes may not be applied retroactively to a cause of action that accrued prior to their effective date. Barton v. Keyes Company, Fla.App.1974, 305 So. 2d 269; Marshall v. Johnson, Fla.App.1974, 301 So. 2d 134; Gordon v. John Deere Company, Fla.1972, 264 So. 2d 419; Robert E. Marx, Inc. v. Scarney, Fla.App.1971, 253 So. 2d 722; Meier v. Grimes, Fla.App.1967, 202 So. 2d 870; Heberle v. P. R. O. Liquidating Company, Fla.App.1966, 186 So. 2d 280.
Additionally, the sworn affidavits in support of defendants’ motion established a prima facie basis for the inappli cability of Florida’s long-arm statute which the plaintiff chose not to oppose or rebut. Atlas Aircraft Corporation v. Buckingham, Fla.App.1974, 302 So. 2d 163; Harris v. Bean, Fla.App.1966, 182 So. 2d 464; see also Henschel-Steinau Company v. Harry Schorr, Inc., Fla.App. 1974, 302 So. 2d 198; Georgia Savings and Loan Service Corp. v. Delwood Estates, Inc., First District Court of Appeal Case, 315 So. 2d 237, opinion filed July 9, 1975; American Baseball Cap, Inc. v. Duzinski, Fla.App.1975, 308 So. 2d 639.
Accordingly, the order denying the defendants’ motion to quash is vacated and set aside and the cause remanded to the trial court for such other proceedings consistent herewith. Nothing herein is intended to preclude defendants from effectuating service of process in compliance with the applicable provisions of the law.
WALDEN, C. J., and CROSS and MA-GER, JJ., concur.
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Biscayne Athletic Club, Inc. v. Iacono, 367 So. 2d 275 (Fla. 3d DCA 1979)…in the grounds asserted by both appellants and hold that the trial court erred in denying their motions to quash. Ludlam Enterprises, Inc. v. Outdoor Media, Inc., 250 So. 2d 649 (Fla. 4th DCA 1971); Hoffman v. Three Thousand South Association, Inc., 318 So. 2d 486 (Fla. 4th DCA 1975); Elmex Corp. v. Atlantic Federal Savings & Loan Ass’n, 325 So. 2d 58 (Fla. 4th DCA 1976); Joyce Bros. Storage & Van Company v. Piechalak, 343 So. 2d 97 (Fla. 3d DCA 1977); Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978), and…
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James Carroll Assocs., Inc. v. Video Applications, Inc., 421 So. 2d 3 (Fla. 5th DCA 1982)…had the initial burden to plead such facts.3 Thereafter, Video failed to counter the appellant’s affidavits with affidavits or other proofs to meet the appellant’s challenge of lack of jurisdiction. Hoffman v. Three Thousand South Association, Inc., 318 So. 2d 486 (Fla. 4th DCA 1975); Georgia Savings and Loan Service Corporation v. Delwood Estates, Inc., 315 So. 2d 237 (Fla. 1st DCA 1975). For both reasons I would reverse the order appealed. . § 48.193, Fla.Stat. (1981). . See generally such cases as Anson…
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Tierney v. Gould, 328 So. 2d 468 (Fla. 3d DCA 1976)…PER CURIAM. Affirmed on the authority of Gordon v. John Deere Company, Fla.1972, 264 So. 2d 419; Barton v. Keyes Company, Fla.App. 1974, 305 So. 2d 269; Hoffmann v. Three Thousand South Association, Inc., Fla. App.1975, 318 So. 2d 486; and Youngblood v. Citrus Associates of New York Cotton Exchange, Inc., Fla.App.1973, 276 So. 2d 505; American Baseball Cap, Inc. v. Duzinski, Fla.App. 1975, 308 So. 2d 639. However, the order of dismissal is without prejudice to take further procee…
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 (11 total)
- Abner Wynn Gordon v. The John Deere Co., 264 So. 2d 419 (Fla. 1972)
- Am. Baseball CAP, Inc. v. Duzinski, 308 So. 2d 639 (Fla. 1st DCA 1975)
- Clement K. Heberle v. P. R. O. Liquidating Co., 186 So. 2d 280 (Fla. 1st DCA 1966)
- Barton v. The Keyes Co., 305 So. 2d 269 (Fla. 3d DCA 1974)
- State v. Weber, 302 So. 2d 198 (Fla. 1st DCA 1974)
- Atlas Aircraft Corp. v. Buckingham, 302 So. 2d 163 (Fla. 4th DCA 1974)
- Hamill v. Miodonski, 182 So. 2d 464 (Fla. 3d DCA 1966)
- Marshall v. Johnson, 301 So. 2d 134 (Fla. 1st DCA 1974)
- Savings v. Delwood Ests., Inc., 315 So. 2d 237 (Fla. 1st DCA 1975)
- DAY v. State, 253 So. 2d 722 (Fla. 1st DCA 1971)