Warren v. Southeastern Leisure Systems, Inc., Nos. BS-424

CourtCourt of Appeal of Florida (US)
Writing for the CourtBARFIELD
Citation522 So.2d 979,13 Fla. L. Weekly 768
Decision Date23 March 1988
Docket NumberNos. BS-424,87-102
Parties13 Fla. L. Weekly 768 Joseph E. WARREN, Ronald D. Green and Ronald D. Green, As Personal Representative of the Estate of Lantice Green, Deceased, Appellants, v. SOUTHEASTERN LEISURE SYSTEMS, INC., a corporation, Appellee.

Page 979

522 So.2d 979
13 Fla. L. Weekly 768
Joseph E. WARREN, Ronald D. Green and Ronald D. Green, As Personal Representative of the Estate of Lantice Green, Deceased, Appellants,
v.
SOUTHEASTERN LEISURE SYSTEMS, INC., a corporation, Appellee.
Nos. BS-424, 87-102.
District Court of Appeal of Florida,
First District.
March 23, 1988.

Frederick R. Brock of Gartner and Phillips, Jacksonville, for appellee.

BARFIELD, Judge.

Appellants seek interlocutory review of an order directing them to answer an impleader complaint in proceedings supplementary under section 56.29, Florida Statutes (1985). Appellants contend that the order constitutes a determination of personal jurisdiction, which is appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). We disagree, finding this is a nonappealable, non-final order which determines subject matter jurisdiction and not personal jurisdiction over appellants.

Appellee obtained a judgment against a corporation in which appellants the Greens were principals and appellant Warren was the corporation's attorney. When appellee was unable to satisfy the judgment out of corporate assets, it moved to implead appellants on a contention that appellants had wrongfully received corporate funds and assets. Upon the trial court's granting of the motion to implead, appellee served its verified complaint in impleader on appellants.

Appellants then filed motions to quash and dismiss the complaint in impleader. The motions contended the complaint was jurisdictionally defective as appellee had failed to follow the steps in section 56.29 for proceedings supplementary. 1 Appellants also asked that the complaint be dismissed for failing to state a cause of action. The trial court denied the motions to quash or to dismiss.

For interlocutory review under Rule 9.130(a)(3)(C)(i), an order must determine "jurisdiction of the person." The term "jurisdiction of the person" refers to service of process or to the applicability of the long arm statute to nonresidents. Page v. Ezell, 452 So.2d 582 (Fla. 3d DCA 1984); National Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, 395 So.2d 592 (Fla. 2d DCA 1981), approved, 417 So.2d 655 (Fla.1982); American Health Ass'n v. Helprin, 357 So.2d 204 (Fla. 4th DCA 1978). The order appealed is one that determines appellee's right to proceed with the impleader action, National Lake Developments, Inc. v. Lake Tippecanoe Owners Ass'n, 417 So.2d 655 (Fla.1982) 2, and there is no...

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13 practice notes
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, No. 2D12–394.
    • United States
    • Court of Appeal of Florida (US)
    • February 8, 2013
    ...582 So.2d 738 (Fla. 4th DCA 1991); Machado v. Foreign Trade, Inc., 544 So.2d 1061 (Fla. 3d DCA 1989); Warren v. Se. Leisure Sys., Inc., 522 So.2d 979 (Fla. 1st DCA 1988). However, in those cases, the impleaded parties never sought to dismiss the proceedings supplementary on the basis of lac......
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, Case No. 2D12-394
    • United States
    • Court of Appeal of Florida (US)
    • November 28, 2012
    ...582 So. 2d 738 (Fla. 4th DCA 1991); Machado v. Foreign Trade, Inc., 544 So. 2d 1061 (Fla. 3d DCA 1989); Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979 (Fla. 1st DCA 1988). However, in those cases, the impleaded parties never sought to dismiss the proceedings supplementary on the basis of ......
  • Machado v. Foreign Trade, Inc., No. 88-1439
    • United States
    • Court of Appeal of Florida (US)
    • June 6, 1989
    ...pursuant to section 56.29, Florida Statutes (1987), is a nonfinal, nonappealable order. Warren v. Southeastern Leisure Systems, Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988). See generally Marsh & McLennan, Inc. v. Aerolineas Nacionales del Ecuador, 530 So.2d 971 (Fla. 3d DCA 1988) (en banc)......
  • Hitt v. Homes & Land Brokers, Inc., No. 2D08-223.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2008
    ...to service of process or to the applicability of the long arm statute to nonresidents.' " (quoting Warren v. Se. Leisure Sys., Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988))). Therefore, we have jurisdiction to review the trial court's order to the extent that it concerns whether Homes & Lan......
  • Request a trial to view additional results
13 cases
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, No. 2D12–394.
    • United States
    • Court of Appeal of Florida (US)
    • February 8, 2013
    ...582 So.2d 738 (Fla. 4th DCA 1991); Machado v. Foreign Trade, Inc., 544 So.2d 1061 (Fla. 3d DCA 1989); Warren v. Se. Leisure Sys., Inc., 522 So.2d 979 (Fla. 1st DCA 1988). However, in those cases, the impleaded parties never sought to dismiss the proceedings supplementary on the basis of lac......
  • Fundamental Long Term Care Holdings, LLC v. Estate of Jackson, Case No. 2D12-394
    • United States
    • Court of Appeal of Florida (US)
    • November 28, 2012
    ...582 So. 2d 738 (Fla. 4th DCA 1991); Machado v. Foreign Trade, Inc., 544 So. 2d 1061 (Fla. 3d DCA 1989); Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979 (Fla. 1st DCA 1988). However, in those cases, the impleaded parties never sought to dismiss the proceedings supplementary on the basis of ......
  • Machado v. Foreign Trade, Inc., No. 88-1439
    • United States
    • Court of Appeal of Florida (US)
    • June 6, 1989
    ...pursuant to section 56.29, Florida Statutes (1987), is a nonfinal, nonappealable order. Warren v. Southeastern Leisure Systems, Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988). See generally Marsh & McLennan, Inc. v. Aerolineas Nacionales del Ecuador, 530 So.2d 971 (Fla. 3d DCA 1988) (en banc)......
  • Hitt v. Homes & Land Brokers, Inc., No. 2D08-223.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2008
    ...to service of process or to the applicability of the long arm statute to nonresidents.' " (quoting Warren v. Se. Leisure Sys., Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988))). Therefore, we have jurisdiction to review the trial court's order to the extent that it concerns whether Homes & Lan......
  • Request a trial to view additional results

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