W. F. MORGAN

v.

STATE OF FLORIDA

Citator

Cited By (19 total)

• Lefferts L. Mabie, Jr. v. Garden St. Mgmt. Corp., 397 So. 2d 920 (Fla. 1981)
  …ails because service of process was first perfected in this proceeding. When two actions between the same parties are pending in different circuits, jurisdiction lies in the circuit where service of process is first perfected. Martinez v. Martinez, 153 Fla. 753, 15 So. 2d 842 (1943). The First District Court of Appeal, finding that a later rule change overruled Martinez, held that the suit filed first prevails. Hunt v. Ganaway, 180 So. 2d 495 (Fla. 1st DCA 1965), cert. denied, 188 So. 2d 806 (Fla.1966).3 A…
• Shurden v. Thomas, 134 So. 2d 876 (Fla. 1st DCA 1961)
  …situation is not now presented and we are confident that a trial court, if presented with such circumstances, will afford proper relief. Appellant Shurden insists that this Court is bound by the opinion of the Supreme Court in Martinez v. Martinez, 153 Fla. 753, 15 So. 2d 842, 845 (Fla.1943). This opinion discloses that circuit courts in two distinct circuits were attempting to exercise jurisdiction over the same parties and the same subject matter. On May 19, 1943, the wife filed her complaint seeking cus…
• Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006)
  …Mr. Arjona’s motion to dismiss, finding that the circuit court has jurisdiction over the competing Mexican case. The circuit court found that, pursuant to Mabie v. Garden Street Management Corp., 397 So. 2d 920 (Fla.1981), and Martinez v. Martinez, 153 Fla. 753, 15 So. 2d 842 (1943), the date of service of process, not the date of the filing of the complaint, governs jurisdictional conflicts. The circuit court also denied Mr. Arjona’s request to abate the action, finding that the action in Florida containe…