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Esberger v. First Florida Business Consultants

Esberger v. First Fla. Bus. Consultants, 338 So. 2d 561 (Fla. Dist. Ct. App. 1976)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 22, 1976
Docket
No. 76-1035
Judges
Boardman
Citations
338 So. 2d 561
Cited by 25

Opinion

338 So.2d 561 (1976)

George W.R. ESBERGER, Appellant,

v.

FIRST FLORIDA BUSINESS CONSULTANTS, INC., a Florida Corporation, Appellee.

No. 76-1035.

District Court of Appeal of Florida, Second District.

October 22, 1976.

*562 Larry B. Roberts and L. Scott Rawnsley, Seminole, for appellant.

Seymour A. Gordon, of Gay & Gordon, St. Petersburg, for appellee.

BOARDMAN, Acting Chief Judge.

Appellee/plaintiff filed a complaint based on a contract to sell a business located in Florida. He attempted to serve appellant/defendant, who was residing in California at that time, under Sections 48.161 and 48.181, Florida Statutes. Appellant filed a motion to quash asserting therein insufficiency of process and insufficiency of service of process and to abate for lack of jurisdiction over the person. After a hearing, the trial court denied said motion. Appellant claims that the court erred in that ruling. We agree.

It is well established that Florida's long-arm statute is to be strictly construed. Lyster v. Round, 276 So.2d 186 (Fla. 1st DCA 1973); Wm. E. Strasser Const. Corp. v. Linn, 97 So.2d 458 (Fla. 1957). To perfect service pursuant to Sections 48.161 and 48.181, Florida Statutes, the complaint must allege the jurisdictional requirements prescribed by the statute. Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So.2d 198 (Fla. 4th DCA 1974). The plaintiff is required to allege that the cause of action arises from business activities conducted in the state and that the defendant is either a resident of a foreign state or country, a resident of Florida who subsequently becomes a nonresident, or a resident of Florida who conceals his whereabouts. See O'Connell v. Loach, 203 So.2d 350 (Fla. 2d DCA 1967), Section 48.181, Florida Statutes. The complaint filed by appellee is silent as to the residence of appellant and does not adequately allege that the cause of action arose from business activities conducted within this state.

Accordingly, the order on appeal is

REVERSED.

GRIMES and SCHEB, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 25 cases

View all citing references →
1977: 11978: 41979: 41980: 31981: 11982: 11983: 11986: 11987: 11994: 21996: 12002: 12003: 12004: 12006: 12011: 119772026peak 1978 · 4

Relies on it most ⓘ

  1. City Contract Bus Service, Inc. v. Woody515 So. 2d 1354 (Fla. Dist. Ct. App. 1987)
  2. Bloom v. AH Pond Co., Inc.519 F. Supp. 1162 (S.D. Fla. 1981)
  3. Drake v. Scharlau353 So. 2d 961 (Fla. Dist. Ct. App. 1978)
  4. Camp Illahee Investors, Inc. v. Blackman870 So. 2d 80 (Fla. Dist. Ct. App. 2003)
  5. PSR ASSOC. v. Artcraft-Health364 So. 2d 855 (Fla. Dist. Ct. App. 1978)
  6. George Fischer Ltd. v. Plastiline, Inc.379 So. 2d 697 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Pinero v. Yam Margate, L.L.C.825 F. Supp. 2d 1264 (S.D. Fla. 2011)
  2. Parker v. Century 21 J. Edwards Real Estate183 F. App'x 869 (11th Cir. 2006)
  3. Greystone Tribeca Acquisition v. Ronstrom863 So. 2d 473 (Fla. Dist. Ct. App. 2004)
  4. Camp Illahee Investors, Inc. v. Blackman870 So. 2d 80 (Fla. Dist. Ct. App. 2003)
  5. Homeway Furniture Co. of Mount Airy v. Horne822 So. 2d 533 (Fla. Dist. Ct. App. 2002)
  6. Newberry v. Rife675 So. 2d 684 (Fla. Dist. Ct. App. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Wm. E. Strasser Constr. Corp. v. Linn, 97 So. 2d 458 (Fla. 1957) 74
Lyster v. Round, 276 So. 2d 186 (Fla. Dist. Ct. App. 1973) 24
Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So. 2d 198 (Fla. Dist. Ct. App. 1974) 10
O'Connell v. Loach, 203 So. 2d 350 (Fla. Dist. Ct. App. 1967) 6

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