Mallin v. Sunshine Kitchens, Inc., 75--5
| Decision Date | 27 May 1975 |
| Docket Number | No. 75--5,75--5 |
| Citation | 314 So.2d 203 |
| Parties | Joel MALLIN, Individually, Appellant, v. SUNSHINE KITCHENS, INC., a Florida Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Helliwell, Melrose & DeWolf and William E. Sadowski, Miami, for appellant.
Pettigrew & Bailey, Miami, for appellee.
Before BARKDULL, C.J., and HENDRY, J., and CHARLES CARROLL (Ret.), Associate Judge.
Involved in this appeal is the validity of process served upon the appellant who entered this jurisdiction for purposes of discussing a settlement.
The record indicates that the parties were involved in a controversy in the summer of 1974; that the appellant, along with other non-residents, agreed to meet with the representatives of the appellee in New York City. The agents of the appellee refused to this, but indicated it would be a sign of 'good faith' if the appellant would journey to this State for the purpose of discussing settlement. This request for good faith to be shown on the part of the appellant was delivered to him on October 15, 1974 and later that week a conference was scheduled for the offices of the appellee corporation on Monday, October 21, 1974. Notwithstanding the fact that the conference to discuss settlement was scheduled, the appellee, as plaintiff, caused a law suit to be instituted against the appellant on October 18, 1974, 1 and also caused a summons to be issued on that date, to be served on the appellant at the officers of the appellee. Thereafter, in accordance with their understanding, the appellant journeyed to Miami to attend the settlement conference; was met at the airport by representatives of the appellee, taken to their offices and, during the negotiation conference and Before it had been concluded, the appellee caused process to be served upon the appellant. He thereupon moved to dismiss or quash the service, alleging among other things that it was occasioned by fraud and deceit or by trickery or artifice. We agree. 2
The predicate for the appellant journeyed to Florida was to demonstrate good faith in the negotiations for settlement. If the appellee desired the appellant to show good faith in order to resolve their differences by journeying to Florida, then it should have shown good faith by not arranging to have process served on him before the settlement conference had even concluded. This is particularly true when, as is obvious from the record, after the representatives of the appellee had secured an undertaking by the appellant to come to this jurisdiction they then proceeded to file a complaint, caused process to issue, and arranged to have it served during the good faith settlement conference. Sconyer v. Scheper, Fla.App.1960, 119 So.2d 408; Conklin v. Pruitt, Fla.App.1966, 182 So.2d 644; ...
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...participate in the settlement conference was merely an artifice to serve" the defendants. Id. at 518; see also Mallin v. Sunshine Kitchens, Inc., 314 So.2d 203 (Fla.App.1975), cert. denied, 330 So.2d 22 Emphasizing the plaintiffs filing of the lawsuit the day prior to the mediation, the def......
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Shaw v. Hughes
...the nonresident with process at that time. Citrexsa, S.A. v. Landsman, 528 So.2d 517 (Fla.Dist.Ct.App.1988); Mallin v. Sunshine Kitchens, Inc., 314 So.2d 203 (Fla.Dist.Ct.App.1975), cert. denied, 330 So.2d 22 (1976); Coyne v. Grupo Industrial Trieme S.A. De C.V., 105 F.R.D. 627 (D.D.C.1985)......
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SPM Thermo-Shield, Inc. v. Sicc, Case No: 2:15-cv-439-FtM-29CM
...demonstrate[d] that [plaintiffs] never intended to participate in good faith settlement negotiations"); Mallin v. Sunshine Kitchens, Inc., 314 So. 2d 203, 204 (Fla. 3d DCA 1975) (quashing service where after "[plaintiffs] had secured an undertaking by [defendant] to come to this jurisdictio......
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Citrexsa, S.A. v. Landsman
...the matter of settlement was first broached by plaintiff or defendant. 72 C.J.S. Process § 47 (1987); see Mallin v. Sunshine Kitchens, Inc., 314 So.2d 203 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 22 In the case before us, appellants arranged the conference in a good faith attempt to sett......