Narrative Opinion Summary
The order denying the appellant’s motion for relief from judgment is reversed due to the trial court lacking in personam jurisdiction over the appellant. The appellee's assertion that a money judgment can be obtained against a domestic corporation via service of process by publication, in the absence of locating any corporate officers or agents within the state, remains unaddressed. However, the appellee failed to meet the requirements of section 49.051, Florida Statutes (1985), as its sworn statement inadequately claimed that the residence of those who could be served was unknown despite not attempting service at Sunblest’s documented Orlando address or investigating other known addresses for the sole corporate director. The statute governing constructive service is strictly construed against the party seeking to use it. The judges concurred with the reversal, referencing previous case law to support this decision.
Legal Issues Addressed
In Personam Jurisdictionsubscribe to see similar legal issues
Application: The trial court's decision was reversed because it lacked in personam jurisdiction over the appellant, highlighting the necessity of proper jurisdiction to validate a judgment.
Reasoning: The order denying the appellant’s motion for relief from judgment is reversed due to the trial court lacking in personam jurisdiction over the appellant.
Requirements for Constructive Service under Section 49.051, Florida Statutessubscribe to see similar legal issues
Application: The appellee did not satisfy the requirements of Section 49.051 because their sworn statement inadequately claimed ignorance of the residence of those who could be served without attempting service at known addresses.
Reasoning: However, the appellee failed to meet the requirements of section 49.051, Florida Statutes (1985), as its sworn statement inadequately claimed that the residence of those who could be served was unknown despite not attempting service at Sunblest’s documented Orlando address or investigating other known addresses for the sole corporate director.
Service of Process by Publicationsubscribe to see similar legal issues
Application: The case discusses the limitations of obtaining a money judgment against a domestic corporation through service of process by publication, particularly when the appellee did not adequately pursue known addresses for service.
Reasoning: The appellee's assertion that a money judgment can be obtained against a domestic corporation via service of process by publication, in the absence of locating any corporate officers or agents within the state, remains unaddressed.
Strict Construction of Constructive Service Statutessubscribe to see similar legal issues
Application: The court applied a strict interpretation of the statute governing constructive service against the appellee, who failed to meet statutory requirements by not attempting service at known addresses.
Reasoning: The statute governing constructive service is strictly construed against the party seeking to use it.