SUN STATE ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLANT,
v.
CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION, AND NEWTON ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLEES
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Sun State Associates appealed a trial court's denial of its motion to quash service of process in a mortgage foreclosure action. The Florida District Court of Appeal reversed, holding that the complaint failed to allege the jurisdictional facts required under section 48.181 for substituted service on a limited partnership's general partner.
The court held that the complaint was fatally defective because it failed to allege that the cause of action arose from business activities conducted in Florida and failed to allege the residency status of the general partner, both of which are required jurisdictional elements under section 48.181.
[1] A complaint seeking substituted service of process under section 48.181, Florida Statutes, must allege that the cause of action arises from business activities conducted…
[2] A complaint seeking substituted service of process under section 48.181, Florida Statutes, must allege the residency status of the defendant or their general partner.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To meet the jurisdictional requirements of section 48.181, the plaintiff is required to allege that the cause of action arises from business activities conducted in the state and that the defendant is a resident of another state or country, a resident of Florida who subsequently becomes a nonresident, or a resident of Florida who conceals his whereabouts.”
Establishes the mandatory jurisdictional allegations required for substituted service under section 48.181.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceContinental Illinois National Bank filed a mortgage foreclosure complaint against Sun State Associates, a Florida limited partnership, and Newton Asso…
The full statement of facts, procedural history, and disposition for this case are member content.
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GRIMES, Acting Chief Judge.
This is an appeal from a nonfinal order denying appellant’s motion to quash service of process.
Continental Illinois National Bank & Trust Company of Chicago (appellee) filed a complaint for mortgage foreclosure against appellant, a Florida limited partnership, and Newton Associates. Appellee sought to obtain jurisdiction over appellant through substituted service upon appellant’s general partner who resided in Ontario, Canada. Appellee filed an affidavit of compliance asserting that process had been served on the Secretary of State of the State of Florida and that a copy of the complaint and process had been sent to the general partner of appellant. Appellant then moved to quash service of process based on noncompliance with section 48.-181, Florida Statutes (Supp.1984). After a hearing, the trial court denied the motion to quash.
The complaint alleged that appellant is a Florida limited partnership “doing business” in Lee County, Florida. The complaint further alleged that appellant was delinquent in the payment of, certain promissory notes which were secured by appellant’s real property in Lee County. Appellant argues that the complaint is fatally defective for purposes of substituted service because it does not set forth all of the jurisdictional allegations required by section 48.181. We agree.
Section 620.30, Florida Statutes (1983), authorizes substituted service of process on any general partner in a limited partnership pursuant to section 48.181. To meet the jurisdictional requirements of section 48.181, the plaintiff is required to allege that the cause of action arises from business activities conducted in the state and that the defendant is a resident of another state or country, a resident of Florida who subsequently becomes a nonresident, or a resident of Florida who conceals his whereabouts. Esberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla.2d DCA 1976). Nothing in the complaint shows that the mortgage arose out of any business activity conducted in this state. See James v. Kush, 157 So. 2d 203 (Fla.2d DCA 1963) (ownership of real estate, without more, does not constitute a “business” or “business venture” within the meaning of the statute). Likewise, the complaint is devoid of any allegation as to the residency of the general partner. Reversed.
SCHEB and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pelycado Onroerend Goed B.V. v. Ruthenberg, 635 So. 2d 1001 (Fla. 5th DCA 1994)…38 So. 2d 561, 562 (Fla. 2d DCA 1976). If these jurisdictional allegations are not made, service is not perfected and the trial court lacks jurisdiction over the defendant. Sun State Assocs., Ltd. v. Continental III. Nat’l Bank Trust Co. of Chicago, 481 So. 2d 543, 544 (Fla. 2d DCA 1986); Caribe & Panama Invs., S.A. v. Christensen, 375 So. 2d 601, 603 (Fla. 3d DCA 1979); Palmer Johnson Yachts v. Ray Richard, Inc., 347 So. 2d 779, 780 (Fla. 3d DCA 1977). When these allegations are not made, appellate courts ha…
Authorities Cited
- Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
- James v. Kush, 157 So. 2d 203 (Fla. 2d DCA 1963)