STATE OF FLORIDA, ON RELATION OF THE ATLANTA PAPER COMPANY, A GEORGIA CORPORATION, PETITIONER,
v.
WILLIAM A. HERIN, JUDGE OF THE CIRCUIT COURT, IN AND FOR THE ELEVENTH JUDICIAL CIRCUIT, DADE COUNTY, FLORIDA, RESPONDENT
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The Florida Supreme Court addressed whether a writ of prohibition could be used to review a trial court's adverse ruling on a defendant's challenge to personal jurisdiction. The court held that prohibition is unavailable when the trial court has subject matter jurisdiction, as the proper remedy is an appeal by writ of error after final judgment.
A writ of prohibition does not lie to review a trial court's adverse ruling on a personal jurisdiction challenge where the trial court has subject matter jurisdiction over the suit. The proper remedy for an erroneous ruling on personal jurisdiction is an appeal by writ of error after final judgment.
“That prohibition may not be had under those circumstances is clear from our ruling in the similar case of State ex rel. Rheinauer v. Malone, 40 Fla. 129, 23 So. 575, 577, wherein the trial court had jurisdiction of the subject matter of the suit and we held that an adverse ruling by the trial court upon a challenge to the court's jurisdiction over the person of the defendant-petitioner, based upon an alleged insufficiency of service of process, was a ruling 'within the sphere of its jurisdiction'”
Establishes that prohibition is not available to challenge personal jurisdiction rulings when subject matter jurisdiction exists
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Join FLexlaw to unlock all legal intelligenceAtlanta Paper Company, a Georgia corporation, made a special appearance in circuit court contesting the trial court's jurisdiction over its person. Th…
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DREW, Justice.
After this action at law was remanded to the circuit court by the federal district court, the petitioner made a second “Special Appearance” contending the circuit court had no jurisdiction over its person. The court entered a ruling adverse to him on that contention and petitioner seeks review thereof by a suggestion for a writ of prohibition filed in this court.
It is conceded that the circuit court has; jurisdiction of -the subject matter of this, law action which is a suit in tort. The question presented, therefore, is whether prohibition will lie to review the correctness of an order of a trial court overruling a challenge to its jurisdiction over the person of a defendant, where that court has jurisdiction over the subject matter of the suit. ,
.That prohibition may not be had under those circumstances is clear from our ruling in the similar case of State ex rel. Rheinauer v. Malone, 40 Fla. 129, 23 So. 575, 577, wherein the trial court had jurisdiction of the subject matter of the suit and we held that an adverse ruling by the trial court upon a challenge to the court’s jurisdiction over the person of the defendant-petitioner, based upon an alleged insufficiency of service of process, was a ruling “within the sphere of its jurisdiction” and, therefore, even if that decision were assumed to be wrong; “it would afford no ground for the issuance of a writ of prohibition, as the remedy to correct such an erroneous ruling is plain and adequate, by writ of error after final' judgment, should one be rendered against petitioner.” See also Curtis v. Albritton, 101 Fla. 853, 132 So. 677, collocating relevant authorities and discussing the purpose and scope of the writ of prohibition.
The rule nisi heretofore issued is quashed and the writ of prohibition is discharged.
MATHEWS, C. J., and. THOMAS, HOBSON and ROBERTS, JJ., concur.
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State of Fla. ex rel. ELI Lilly & Co. v. Honorable Bayard B. Shields, 83 So. 2d 271 (Fla. 1955)…overruled the- motion.' - This - ruling ■ furnishes ffhe basis of' the proceedings, presented to this court.'-. ■ . ■ [*272] The situation presented is practically identical to that in the case of State ex rel. Atlanta Paper Co. v. Herin, Fla.1955, 80 So. 2d 331, where we held that prohibition will not lie to review the correctness of an order of a trial court overruling a challenge to its jurisdiction over the person of a defendant where that court has jurisdiction over the subject matter of the suit. The…
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Cruz v. Citimortgage, Inc., 197 So. 3d 1185 (Fla. 4th DCA 2016)…enge to its jurisdiction over the person of a defendant where that court has jurisdiction over the subject matter of the suit.” State ex rel. Eli Lilly & Co. v. Shields, 83 So. 2d 271, 272 (Fla.1955) (citing State ex rel. Atlanta Paper Co. v. Kerin, 80 So. 2d 331, 331 (Fla.1955)).2 A plaintiff should be able to correct purported problems with service of process by re-serving a summons. If subsequent service of process is valid, then any challenge to the sufficiency of a prior service is moot. The language i…
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O'Neill v. Judges of Dade Cnty. Metro. Court, 21 Fla. Supp. 120 (Dade Cty. Cir. Ct. 1963)…gality of the arrest. This can be done by appropriate motion similar to a special appearance or [*122] motions to dismiss under our civil rules. See State, ex rel. Eli Lilly & Co. v. Shields, 83 So. 2d 271; State, ex rel. Atlanta Paper Co. v. Herin, 80 So. 2d 331. Obviously, the court’s rulings on such a special appearance motion would be subject to review on appeal. State of Florida, ex rel. Crompton v. Turner, et al, Dade Circuit Court, Robert A. Floyd, J., No. 60-L-3128. It is, therefore, the opinion and…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gertrude A. Curtis v. Albritton, 101 Fla. 853 (Fla. 1931)
- The State of Fla. ex rel. Charles Rheinauer v. Malone, 40 Fla. 129 (Fla. 1898)