Viator v. Morgan Const. Co.
| Decision Date | 19 April 1977 |
| Docket Number | No. EE-282,EE-282 |
| Parties | Caissius Q. VIATOR, Jr., and Cynthia K. Viator, his wife, Appellants, v. MORGAN CONSTRUCTION COMPANY, a Massachusetts Corporation, Appellee. |
| Court | Florida District Court of Appeals |
An Interlocutory Appeal from Circuit Court, Volusia County; James T. Nelson, Judge.
Anthony I. Provitola, Deland, for appellants.
Robert W. Elton of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellee.
This is an appeal from an order granting appellee's motion to dismiss for lack of jurisdiction over the person. Appellants filed suit against appellee, a Massachusetts corporation, and attempted substituted service which was not effected. Thereafter, appellee's counsel filed a "Notice of Appearance" and approximately six months later moved to dismiss the complaint upon the ground, among others, of lack of jurisdiction over the person. The motion was granted by the trial court on that sole ground on December 8, 1976. Thereafter, on December 15, 1976, the opinion of this court was filed in Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1 DCA 1976), in which we ruled that such an appearance is a general appearance which waives defects in service and subjects the defendant to the jurisdiction of the court.
Reversed and remanded with directions to vacate the order which granted appellee's motion to dismiss.
To continue reading
Request your trial
-
Weatherhead Co. v. Coletti, 80-1217
...and Restaurant Employees Union v. Lake Buena Vista Communities, Inc., 349 So.2d 1217 (Fla. 4th DCA 1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), cert. denied, 352 So.2d 173 (Fla.1977); Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), cert......
-
Public Gas Co. v. Weatherhead Co.
...and Restaurant Employees Union v. Lake Buena Vista Communities, Inc., 349 So.2d 1217 (Fla. 4th DCA 1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), cert. denied, 352 So.2d 173 (Fla.1977); Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), cert......
-
Marine Distributors of Virginia v. Kelly
...Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), Cert. den., 351 So.2d 408 (Fla.1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), Cert. den., 352 So.2d 173 (Fla.1977); Hotel and Restaurant Employees, etc. v. Lake Buena Vista Communities, Inc.......
- Morgan Construction Company v. Viator