LOCAL NO. 666, CONCRETE PRODUCTS AND MATERIAL YARD WORKERS, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO A/K/A LABORERS LOCAL UNION NO. 666, APPELLANTS,
v.
THOMAS H. DENNIS AND RINKER MATERIALS CORPORATION, APPELLEES
LOCAL NO. 666, CONCRETE PRODUCTS AND MATERIAL YARD WORKERS, LABORERS INTERNATIONAL UNION OF NORTH AMERICA, AFL-CIO A/K/A LABORERS LOCAL UNION NO. 666, APPELLANTS,
THOMAS H. DENNIS AND RINKER MATERIALS CORPORATION, APPELLEES
453 So. 2d 1138
Florida District Court of Appeal, Fourth District (1984)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
This appeal from a non-final order denying a motion to quash service of process is appropriately filed under Rule 9.130(a)(3)(C)(i), Florida Rules of Appellate Procedure.
We reverse, holding that service of process on a secretary in the office of the business manager of a labor union is insufficient to permit the court to obtain jurisdiction over the union. § 48.141, Fla.Stat. (1983). See also § 447.11, Fla.Stat. (1983). Semble: Hauser v. Schiff, 341 So. 2d 531 (Fla.3d DCA 1977).
REVERSED AND REMANDED.
ANSTEAD, C.J., and HERSEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)…(D.C.Ill. 1985). Under rule 9.130(a)(3)(C)(i), a motion to dismiss or quash for insufficiency of process is appealable. See Local No. 666, Concrete Products and Material Yard Workers, Laborers International Union of North America, AFL-CIO v. Dennis, 453 So. 2d 1138 (Fla. 4th DCA 1984). Therefore, we conclude that as a failure to serve process within the 120-day time limit goes to the sufficiency of the service of process, and thus the validity of the process to subject the defendant to the jurisdiction of the…
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Gilliam v. Smart, 809 So. 2d 905 (Fla. 1st DCA 2002)…etermining "the jurisdiction of the person,” it is subject to immediate review by appeal. Fla. R.App. P. 9.130(a)(3)(C)(i); Chapman v. Sheffield, 750 So. 2d 140 (Fla. 1st DCA 2000); Local No. 666, Concrete Prods. and Material Yard Workers v. Dennis, 453 So. 2d 1138 (Fla. 4th DCA 1984). . The complaint stated that the Town of Havana officer was sued in his capacity as "John Doe” due to the fact that the plaintiff was uncertain of the officer's exact identity. . Smart offers, as persuasive authority, two “offi…
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Chapman v. Lottie F. Sheffield and her husband, 750 So. 2d 140 (Fla. 1st DCA 2000)…order on a motion to quash service of process is one that determines personal jurisdiction. See, e.g., Reinauer v. Greenman Adver. Assocs., Inc., 503 So. 2d 975 (Fla. 4th DCA 1987); Local No. 666, Concrete Prods. and Material Yard Workers v. Dennis, 453 So. 2d 1138 (Fla. 4th DCA 1984); Far Out Music, Inc. v. Jordan, 438 So. 2d 912 (Fla. 3d DCA 1983). It follows that the order denying the motion to quash the substituted service in this case is subject to immediate review by appeal. Substituted service is based…
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- Hauser v. Schiff, 341 So. 2d 531 (Fla. 3d DCA 1977)