GENERAL DE SEGUROS, S.A., ETC., APPELLANT,
v.
CONSOLIDATED PROPERTY & CASUALTY INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 2001-01-17
No. 3D00-2863
Before LEVY, GODERICH, and RAMIREZ, JJ.
776 So. 2d 990 Florida District Court of Appeal, Third District (2001)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

General de Seguros appeals a denial of its motion to vacate a default judgment and quash service of process. The court reversed, holding that the plaintiff failed to allege sufficient facts to invoke long-arm jurisdiction under Florida law and that substituted service was not properly effectuated because it used Federal Express instead of registered mail.


Holding

The court held that Consolidated failed to allege sufficient facts to invoke long-arm jurisdiction because merely alleging that General contracted to insure property in Florida is not the same as alleging that General operated or engaged in business in Florida. Additionally, substituted service was improper because the plaintiff used Federal Express instead of registered mail, violating strict statutory compliance requirements.


Headnotes

[1] To invoke long-arm jurisdiction under section 48.181, Florida Statutes, a complaint must allege that the defendant operated, conducted, engaged in, or carried on business…

[2] Strict compliance with statutory requirements is essential for substituted service of process to obtain valid personal jurisdiction over a defendant.

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

Key Quotes

“for purposes of section 48.181(1), Florida Statutes (1999), the allegations that General contracted to insure persons, property and/or risks located in this state is not the same as alleging that General operated, conducted, engaged in, or carried on business or a business venture in this state.”

Establishes that merely contracting to perform services in Florida does not constitute sufficient allegations of 'doing business' under the long-arm statute

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Consolidated Property & Casualty Insurance Company sued General de Seguros, a non-resident foreign corporation, alleging that General contracted to in…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
RAMIREZ, J.

RAMIREZ, J.

Appellant/Defendant General de Segu-ros, S.A. appeals the entry of a non-final order denying a motion to vacate a default and quash service of process. Because Appellee/Plaintiff Consolidated Property and Casualty Insurance Company failed to allege sufficient facts to invoke long-arm jurisdiction over General pursuant to section 48.181, Florida Statutes (1999), we reverse.

In its Complaint, Consolidated alleges that General:

[EJngaged in acts subjecting it to the long-arm jurisdiction of the State of Florida by contracting to insure persons, property and/or risks located within the State of Florida and breaching a contract in the State of Florida by failing to perform acts required by the contract to be performed in this State, (emphasis added).

Service of process was effectuated by substituted service upon the Secretary of State pursuant to section 48.181, Florida Statutes (1999).

Section 48.181, Florida Statutes (1999), permits service on non-residents engaging in business in this state as follows:

(1) The acceptance by any person or persons ... who are residents of any other state or country, and all foreign corporations ... of the privilege extended by law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in this state, or to have an office or agency in the state, constitutes an appointment by the persons and foreign corporations of the Secretary of State of the state as their agent on whom all process in any action or proceeding against them ... arising out of any transaction or operation connected with or incidental to the business or business venture may be served, (emphasis added).

In order to use substituted service of process pursuant to this section, the statutory basis must be strictly complied with and must be alleged in the complaint consistent with those statutory requirements. See Pelycado Onroerend Goed B.V. v. Ruthenberg, 635 So. 2d 1001, 1003 (Fla. 5th DCA 1994)(absent strict compliance with the statutory requirements for substituted service, a court lacks jurisdiction); see also Farouki v. Attel et Cie, 682 So. 2d 1185, 1186 (Fla. 4th DCA 1996); Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978).

In this case, Consolidated merely alleges that General contracted to insure persons, property and/or risks located within this state and breached a contract in this state by failing to perform acts required under the contract to be performed in this state. However, for purposes of section 48.181(1), Florida Statutes (1999), the allegations that General contracted to insure persons, property and/or risks located in this state is not the same as alleging that General operated, conducted, engaged in, or carried on business or a business venture in this state. Thus, the complaint does not contain sufficient allegations to permit substitute service on the Secretary of State pursuant to section 48.181.

Even if substitute service had been authorized, it was not properly effectuated in this case because Consolidated served a copy of the process upon General by private courier, Federal Express. Florida courts have frequently held that where substitute service of process is used, strict compliance with the statutes authorizing this form of service is essential to obtaining valid personal jurisdiction over the defendant. See Federal Nat’l Mortgage Ass’n v. Fandino, 751 So. 2d 752, 753 (Fla. 3d DCA 2000); Linn v. Kidd, 714 So. 2d 1185, 1187 (Fla. 1st DCA 1998); Floyd v. Federal Nat’l Mortgage Ass’n, 704 So. 2d 1110, 1112 (Fla. 5th DCA 1998); Wyatt v. Haese, 649 So. 2d 905, 907 (Fla. 4th DCA 1995). Section 48.194(2)(a) requires, among other things, that the plaintiff serve the defendant, via registered mail, a copy of the original process and complaint. We recently concluded that service via Federal Express international air waybills did not, strictly speaking, satisfy the statutory requirement that substituted service be made by registered mail. See Federal Nat’l Mortgage Ass’n v. Fandino.

We hold, therefore, that the trial court lacked jurisdiction in this case because substituted service was not perfected in accordance with the relevant statutes. Consequently, we reverse with directions that the motion to vacate the default judgment be granted and that service of process on General be quashed.

Reversed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw