HARTMAN AGENCY, INC., APPELLANT,
v.
INDIANA FARMERS MUTUAL INSURANCE COMPANY, APPELLEE
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The court held that conclusionary allegations in a third-party complaint are insufficient to establish jurisdiction over a foreign resident under Section 48.181(1), Florida Statutes.
Appellee filed a third-party complaint against appellant, a resident of Indiana, alleging appellant was engaged in business in Florida. The complaint …
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GRIMES, Judge.
This is an interlocutory appeal from an order denying a motion to quash and dismiss the appellee’s third party complaint on grounds of lack of jurisdiction over the appellant. The appellee sought to obtain jurisdiction over the appellant pursuant to the provisions of Section 48.181(1), Florida Statutes (1975). However, the third party complaint did not allege the manner in which the appellant was doing business in Florida nor did it allege any specific acts done by the appellant within the state. The only allegations applicable to jurisdiction were those which stated that appellant was a resident of Indiana and engaged in business in Florida.
In order to serve a foreign resident pursuant to Section 48.181, Florida Statutes (1975), the complaint must adequately allege that the cause of action arose from business activities conducted within this state. Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976). This requires allegations of specific facts which show that the defendant is conducting business in Florida. Nichols v. Seabreeze Properties, Inc., 302 So. 2d 139 (Fla. 3d DCA 1974); see Elmex Corp. v. Atlantic Federal Savings & Loan Association, 325 So. 2d 58 (Fla. 4th DCA 1976).
The conclusionary allegations contained in the third party complaint were insufficient to permit the appellee to obtain jurisdiction over the appellant under the statute. Cf. World Business Consultants Ltd., Inc. v. Automotive Finishes, Inc., 352 So. 2d 120 (Fla. 2d DCA 1977).
REVERSED.
BOARDMAN, C. J., and OTT, J., concur.
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Cited By (11 total)
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In re Amendments to Florida Rules of Civil Procedure, 682 So. 2d 105 (Fla. 1996)…lvy, 91 Fla. 770, 108 So. 820 (1926). Confusion has been generated in the decisions under the “long arm” statute. See Wm. E. Strasser Construction Corp. v. Linn, 97 So. 2d 458 (Fla.1957); Hartman Agency, Inc. v. Indiana Farmers Mutual Insurance Co., 353 So. 2d 665 (Fla. 2d DCA 1978); and Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978). The amendment is not intended to change the distinction between pleading and proof as enunciated in Elmex Corp. v. Atlantic Federal Savings & Loan Association of Fort Laud…
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The Fla. Bar. in re Rules of Civil Procedure, 391 So. 2d 165 (Fla. 1980)…lvy, 91 Fla. 770, 108 So. 820 (1926). Confusion has been generated in the decisions under the “long arm” statute. See Wm. E. Strasser Construction Corp. v. Linn, 97 So. 2d 458 (Fla.1957); Hartman Agency, Inc. v. Indiana Farmers Mutual Insurance Co., 353 So. 2d 665 (Fla.2d DCA 1978); and Drake v. Scharlau, 353 So. 2d 961 (Fla.2d DCA 1978). The amendment is not intended to change the distinction between pleading and proof as enunciated in Elmex Corp. v. Atlantic Federal Savings & Loan Association of Fort Lauder…
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P. S. R. Assocs. v. Artcraft-Heath, 364 So. 2d 855 (Fla. 2d DCA 1978)…may be made by personally serving the process upon the defendant outside this state, as provided in § 48.194. . . . . See, e. g., Drake v. Scharlau, 353 So. 2d 961 (Fla.2d DCA 1978); Hartman Agency, Inc. v. Indiana Farmers Mutual Insurance Company, 353 So. 2d 665 (Fla.2d DCA 1978); Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla.2d DCA 1976). . 48.161 Method of substituted service on nonresident. (1) When authorized by law, substituted service of process on a nonresident ... by se…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)
- Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
- Nichols v. Seabreeze Props., Inc., 302 So. 2d 139 (Fla. 3d DCA 1974)
- World Bus. Consultants Ltd., Inc. v. Auto. Finishes, Inc., 352 So. 2d 120 (Fla. 2d DCA 1977)