LOCAL DATA COMPANY AND ROBERT LEE, APPELLANTS,
v.
INNOVATIVE ELECTRONIC SYSTEMS, INC., APPELLEE

Fla. 3d DCA | 1980-01-15
No. 79-899
Per Curiam
378 So. 2d 1320 Florida District Court of Appeal, Third District (1980)

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Synopsis

Florida appellate court affirmed denial of motion to quash service on individual defendant Robert Lee but reversed as to corporate defendant Local Data Company, finding insufficient allegations in complaint to support long-arm service.


Holding

Service of process on Robert Lee under Florida's long-arm statutes was proper, but service on Local Data Company was improper due to insufficient allegations in the complaint.


Headnotes

[1] Long-arm service of process requires sufficient allegations in the complaint to show entitlement to jurisdiction under Florida's long-arm statutes.

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Facts & Procedural History

Local Data Company and Robert Lee were defendants who moved to quash service of process under Florida's long-arm statutes, Sections 48.193 and 48.194.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants/defendants, Local Data Company and Robert Lee, seek review of the trial court’s orders denying their respective motions to quash service of process under Florida’s long-arm statutes, Sections 48.193 and 48.194.

We find that the trial court’s denial of the motion was proper as to service on Robert Lee; however, it was improper as to the other defendant. A review of the appellee/plaintiff’s complaint clearly shows that there are insufficient allegations to justify the employment of the method of service prescribed by our long-arm statutes. See, Electro Engineering Products v. Lewis, 352 So. 2d 862 (Fla.1977); Seng Co. v. Burke, 366 So. 2d 533 (Fla. 3d DCA 1979); P. S. R. Associates v. Artcraft-Heath, 364 So. 2d 855 (Fla. 2d DCA 1978); Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976.)

Accordingly, we affirm the trial court order which in effect found proper service had been executed on Robert Lee. The order relating to service upon Local Data Company must be reversed and remanded with directions that the plaintiff be permitted to amend the complaint to include sufficient allegations to show entitlement to properly secure service by a long-arm statute.

Affirmed in part and reversed and remanded in part.


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