367 So. 2d 275 | Fla. Dist. Ct. App. | 1979
These consolidated interlocutory appeals are from orders denying appellants’ motion to quash service of process in an action for specific performance and other equitable relief in which appellants are defendants and appellee is plaintiff.
It appears from the record that appellee requested that the sheriff serve appellant, Biscayne Athletic Club, Inc., a Florida corporation, by serving its “resident agent, Palmer and Lazor, P.A.”, as provided for in Section 48.081, Florida Statutes. The sheriff’s return shows that corporate service was made by serving Mr. Palmer, as resident agent of Biscayne Athletic Club, Inc.
Appellant, Stephen Reiner, a resident of the State of New York, was served in New York pursuant to Section 48.194 Florida Statutes which creates long-arm jurisdiction in the court of Florida based upon personal service.
Appellant, Biscayne Athletic Club, Inc. made a motion to quash the service upon it on the grounds that appellee failed to comply with the provisions of Section 48.081, Florida Statutes. The motion was supported by an affidavit reciting that Palmer and Lazor, P.A. is not the resident agent of the corporation. There was no rebuttal filed to the allegation in the affidavit.
The orders appealed are reversed.
Reversed.