SUSAN KRUPA, ROBERT MOSER, STEVEN STEINMETZ, WAYNE MARTIN, DAN WHEELER, JOHN FLAHERTY, GRACE PLANT, STEVE FLYNN, DON MESSINA, PHILIP SALAFIA, GILDARDO VARGAS, FRANK SCIACCA, LAURENCE KROLL, RANDALL GRIFFIN, JENNEFER SAUER, BEATRICE SAXTON, GERALD PINIAULI, A. KESTLER, THEREESE GAGNON, R. WAGGONER, WALLACE HUTTON, W. KLEIN, LAWRENCE RICHARDSON, BARBARA RESCH, FRANCIS SAGER, ET AL., APPELLANTS,
v.
MOBILINIUM ASSOCIATES V., A CALIFORNIA LIMITED PARTNERSHIP; MCDAY CORPORATION, A CALIFORNIA CORPORATION DOING BUSINESS IN FLORIDA; AND MOBILE HOME PARK ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, DOING BUSINESS IN FLORIDA, APPELLEES
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Florida appellate court affirmed attorney's fees award on the count where jurisdiction was expressly reserved but reversed the award on counts where the appellants had been dropped from the lawsuit, holding that personal jurisdiction was lost upon dismissal and could not be regained without service of process.
A trial court may award attorney's fees on a count where it expressly reserved jurisdiction before dismissing parties, but loses personal jurisdiction over dismissed parties on subsequent counts unless service of process is re-effected.
[1] A trial court's express reservation of jurisdiction to award attorney's fees on a dismissed count survives the subsequent dismissal of parties from the lawsuit, but perso…
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Join FLexlaw to unlock all legal intelligence132 appellants filed a three-count complaint against mobile home park operators alleging unconscionability and statutory violations. After a 1983 nonj…
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PER CURIAM.
Appellants appeal a final judgment that orders them to pay appellees an award of attorney’s fees. These 132 appellants filed, along with 142 other plaintiffs, a three-count complaint against appellees, alleging unconscionability of rents and various statutory and contractual violations. The issues were bifurcated for trial. In 1983 a nonjury trial was held on the unconsciona-bility claim at which the count was dismissed and judgment entered in favor of appellees. In that final judgment the trial court expressly reserved jurisdiction, to award attorney’s fees against appellants, until disposition of Counts II and III. In 1984 these 132 appellants were dropped from the lawsuit. Counts II and III went to trial with the remaining 142 plaintiffs and final judgment was entered. In 1985 the trial court awarded attorney’s fees against appellants on all three counts of the complaint. Appellants contend on appeal that the trial court erred in entering this order because it lacked personal jurisdiction over them at the time.
We affirm that part of the final judgment awarding fees against appellants on Count I, but reverse as to Counts II and III. The trial court expressly reserved jurisdiction over Count I attorney’s fees which survives the subsequent dropping of the parties. However, once the parties were dropped, in personam jurisdiction over these appellants was lost and could only be regained by service of process on them. Federal Insurance Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985). AFFIRMED IN PART; REVERSED IN PART.
LETTS, DELL and WALDEN, JJ., concur.
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Citator
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Biggers v. Town OF Davie, 674 So. 2d 938 (Fla. 4th DCA 1996)…2d at 610. However, the plaintiff may refile the action against the voluntarily dismissed party, if not otherwise time barred, and regain in personam jurisdiction over that once dropped party by service of process. See Krupa v. Mobilinium Assocs. V, 503 So. 2d 922 (Fla. 4th DCA 1987); Hertz Int’l, Ltd. v. Richardson, 317 So. 2d 824, 828 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 18 (Fla.1976). Shannon, on which the trial court relied, affirmed the denial of plaintiffs motion for leave to file an amended co…
Authorities Cited
- Featherngill v. Featherngill, 478 So. 2d 106 (Fla. 2d DCA 1985)
- Fed. Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985)