COIN COPIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
FINANCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF DADE COUNTY, A UNITED STATES CORPORATION, APPELLEE
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Florida appellate court reversed a service by publication order because the plaintiff failed to establish through adequate evidence that diligent search and inquiry had been made to locate the defendant corporation's officers and agents as required by statute.
Service by publication is improper when the record contains only conclusory allegations and unsuccessful sheriff attempts rather than evidence of genuine diligent search and inquiry for corporate officers and agents.
[1] Service by publication requires evidence of diligent search and inquiry for corporate officers and agents, not merely unsuccessful attempts at personal service by the she…
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Join FLexlaw to unlock all legal intelligence“diligent search and inquiry ... to discover the names and whereabouts of all persons upon whom the service of process would bind the corporation”
The conclusory language in the attorney's affidavit that was found insufficient to support service by publication.
Coin Copies, Inc. was served by publication after the plaintiff's attorney filed an affidavit claiming diligent search and inquiry, but the only factu…
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PER CURIAM.
Coin Copies, Inc., the defendant below, appeals from a non-final order denying its motion to quash service by publication made upon it pursuant to Section 49.051, Florida Statutes (1981). The appellant contends, and we agree, that the record, containing the affidavit of the attorney for the plaintiff-association which alleged in con-clusory terms that he had made “diligent search and inquiry ... to discover the names and whereabouts of all persons upon whom the service of process would bind the corporation,” and the attorney’s elucidating statement that his diligent search and inquiry consisted solely of the fact that the sheriff on seven occasions during an approximate one-month period had been unsuccessful in effecting personal service upon the defendant-corporation, provided an insufficient basis upon which to conclude that all officers, directors, general managers, cashiers, resident agents and business agents of the corporation were either absent from the state, could not be found within the state, were concealing themselves, or that their whereabouts were unknown, and thus, an insufficient predicate for constructive service. See Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979), and cases cited therein.
Reversed with directions to quash the service by publication.
Cases With Similar Vibessemantic neighbors from the corpus
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Redfield Invs. v. Vill. OF Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008)…ement show that the requirements have been met. Our case law is clear that averments in conclusory terms fall short of the statutory and constitutional requirements of the statute. See Coin Copies, Inc. v. Fin. Fed. Sav. & Loan Ass’n of Dade County, 439 So. 2d 338, 338 (Fla. 3d DCA 1983); see [*1140] also Perpro Sys. Int’l, Inc. v. Rickbeil, 668 So. 2d 319, 320 (Fla. 4th DCA 1996) (“[T]he statement that ‘Affiant believes that there is no other person in the State of Florida upon whom service of process would…
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Perpro Sys. Int'l, Inc. v. Rickbeil, 668 So. 2d 319 (Fla. 4th DCA 1996)…provides no basis to conclude that none of the alternative classes of persons designated for service of process can be found within this state or that they are concealing themselves. See Coin Copies, Inc. v. Financial Federal Savings and Loan Ass’n, 439 So. 2d 338 (Fla. 3d DCA 1983). Accordingly, we reverse the trial court’s order denying appellant’s motion to quash service of process. REVERSED. KLEIN and PARIENTE, JJ., concur.…
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Carnival Cruise Lines, Inc. v. Guadamuz, 456 So. 2d 962 (Fla. 3d DCA 1984)…e concluded that, in view of the jury’s verdict evincing its rejection of the expert’s opinion and its resolution of the issues according to the instructions given by the trial court, no harmful error has been demonstrated. See Patterson v. Slacker, 439 So. 2d 338 (Fla. 3d DCA 1983); Division of Corrections v. Wynn, 438 So. 2d 446, 449 (Fla. 1st DCA 1983); Warning Safety Lights, Inc. v. Gallor, 346 So. 2d 92, 95 (Fla. 3d DCA 1977), cert, denied, 355 So. 2d 518 (Fla.1978). Therefore the judgment appealed is af…
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
- Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979)
- Baker v. Baker, 377 So. 2d 776 (Fla. 4th DCA 1979)