DEEP SEA ATL. N.V.
v.
MICAL SEAFOOD, INC.
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The Fourth District Court of Appeal of Florida dismissed part of an appeal concerning an order denying dismissal under rule 1.070(j), finding it lacked jurisdiction. The court affirmed the remaining issues, upholding the presumption of valid service of process.
The court does not have jurisdiction over appeals from orders denying dismissal under rule 1.070(j). The appellant failed to overcome the presumption of valid service of process.
[1] An order denying dismissal under Florida Rule of Civil Procedure 1.070(j) is not appealable as a final or interlocutory order determining jurisdiction of the person.
[2] A party challenging the sufficiency of service of process must overcome the presumption of validity that arises from a return of service that is regular on its face.
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Join FLexlaw to unlock all legal intelligence“We dismiss that portion of this appeal challenging an order denying dismissal under Florida Rule of Civil Procedure 1.070(j).”
Establishes the court's dismissal of a part of the appeal due to lack of jurisdiction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDeep Sea Atlantic N.V. (appellant) appealed a non-final order from the Seventeenth Judicial Circuit Court. The appeal included a challenge to an order…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
DEEP SEA ATLANTIC N.V., a Suriname Naamloze Vennootschap,
Appellant,
v.
MICAL SEAFOOD, INC., a Florida corporation,
Appellee.
No. 4D18-1603
[March 6, 2019]
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin J. Bidwill, Judge; L.T. Case No. CACE 16-017578 (05).
Daniel Lustig, Michael J. Pike and Dominique J. Torsiello of Pike & Lustig, LLP, West Palm Beach, for appellant.
William G. Salim, Jr. and Ari J. Glazer of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for appellee. PER CURIAM. We dismiss that portion of this appeal challenging an order denying dismissal under Florida Rule of Civil Procedure 1.070(j). We do not have jurisdiction of orders denying dismissal under this rule, as such orders are not orders determining “jurisdiction of the person.” Jennings v. Montenegro, 792 So. 2d 1258, 1261 (Fla. 4th DCA 2001). We affirm on all other issues as appellant did not overcome the presumption that arises from a return of service that is regular on its face. See Koster v. Sullivan, 103 So. 3d 882, 884 (Fla. 2d DCA 2012). WARNER, GROSS and KLINGENSMITH, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Koster v. Sullivan, 103 So. 3d 882 (Fla. 2d DCA 2012)
- Jennings v. Montenegro, 792 So. 2d 1258 (Fla. 4th DCA 2001)