Atlas Van Lines, Inc. v. Rossmoore, 72--504
| Decision Date | 13 December 1972 |
| Docket Number | No. 72--504,72--504 |
| Citation | 271 So.2d 31 |
| Parties | ATLAS VAN LINES, INC., a foreign corporation, Appellant, v. Howard ROSSMOORE, Appellee. |
| Court | Florida District Court of Appeals |
A. C. Shields, III, of Dart, Dickinson, O'Riorden, Gibbons & Quale, Sarasota, for appellant.
Robert P. Rosin, of Rosin & Abel, Sarasota, for appellee.
Atlas Van Lines, a foreign corporation doing business in Florida, brings this interlocutory appeal from the denial of its motion to vacate 1 a default judgment in favor of appellee. We reverse.
The relevant facts are undisputed. Appellee-plaintiff utilized the 'substituted service' Authorized by § 48.181, F.S.A., (the 'long arm' statute) when suing a foreign corporation. That statute provides that corporations, and natural persons, doing business in the State of Florida, 'appoint' the Secretary of State as their agent for service of process in actions arising out of their business. The complaint herein was related to the conduct of appellant's business, so service on the Secretary of State was proper in the first instance.
Appellant does not contest the service of process on the Secretary of State, but rather complains that Notice of such service was not sent to it pursuant to § 48.161, F.S.1971, F.S.A., which reads in pertinent part as follows:
'48.161 Method of substituted service on nonresident.--
When authorized by law, substituted service of process on a nonresident . . . by serving a public officer designated by law shall be made by leaving a copy of the process . . . with the public officer or in his office . . . The service is sufficient service on a defendant who has appointed the public officer as his agent for the service of process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his attorney to the defendant . . ..' (Italics added.)
Appellee admits that the 'notice' portion of § 48.161 was not complied with but contends it need not be when service is had under § 48.181, Supra. We find this position untenable. In the first place, § 48.181 merely Authorizes substituted service on nonresidents in certain situations (as does §§ 48.171, 48.182 and 48.19, F.S.1971, F.S.A. in other situations), while § 48.161, Supra, by its terms sets forth the Method of substituted service on nonresidents in All those situations. Neither section is complete in itself and must, therefore, be read In pari materia with the other.
...
To continue reading
Request your trial
-
Capital Bank of Miami v. Levy
...with its requirements leaves no room for dispensing with its directive provisions, which are "necessary steps." Atlas Van Lines v. Rossmoore, 271 So.2d 31 (Fla.App.1972). See Conway v. Spence, 119 So.2d 426 (Fla.App.1960); Young Spring, etc., Corp. v. Smith, 176 So.2d 903, 905 (Fla.1965). W......
-
Baxter v. Miscavige
... ... DAVID MISCAVIGE, CHURCH OF SCIENTOLOGY INTERNATIONAL, INC., RELIGIOUS TECHNOLOGY CENTER, INC., IAS ADMINISTRATIONS, ... effective.”) (citing Atlas Van Lines, Inc. v ... Rossmoore, 271 So.2d 31, 32 ... ...
-
Pelycado Onroerend Goed B.V. v. Ruthenberg
...substitute service. Sections 48.161 and 48.181 must be read together for service to be effective. See Atlas Van Lines, Inc. v. Rossmoore, 271 So.2d 31, 32 (Fla. 2d DCA 1972). To be perfected, service must be had under one of the methods in section 48.161. P.S.R. Assocs. v. Artcraft-Heath, 3......
-
Risman v. Whittaker, 75--1192
...made easier the paths of Florida plaintiffs by giving them a new and additional jurisdictional possibility. See Atlas Van Lines, Inc. v. Rossmoore, 271 So.2d 31 (2d DCA Fla.1972), and 24 U.Miami L.Rev. 433, 442 n. 6 (1970), citing to DeLeo v. Childs, 304 F.Supp. 593 '67. Long-arm statutes a......