Narrative Opinion Summary
This case involves an appeal by Centex-Rodgers Construction Company against a non-final order denying its motion to dismiss or transfer a legal action from Duval County Circuit Court to Broward County Circuit Court. The central issue concerns the validity of service on a foreign corporation and its surety through the Insurance Commissioner’s office, which acts as the surety's agent. Hensel Phelps, a subcontractor and foreign corporation authorized in Florida, initiated a breach of contract and bond action against Centex-Rodgers in Duval County, serving the Insurance Commissioner, thereby perfecting service. The court affirmed the trial court’s decision based on the jurisdictional principle that jurisdiction is determined by the first perfected service. Additionally, the court recognized sureties as real parties in interest in public construction bond cases, permitting their inclusion as defendants. The statutory framework confirms that serving the Insurance Commissioner constitutes valid and binding service on insurers, completing service upon delivery. The court distinguished this case from Home Life Insurance Co. v. Regueira, noting the absence of notice issues, and upheld the denial of the motion to dismiss or transfer, affirming the proper execution of service in Duval County.
Legal Issues Addressed
Completion of Service upon Delivery to Insurance Commissionersubscribe to see similar legal issues
Application: The service is complete upon delivery to the Insurance Commissioner, and it sufficiently notifies the insurer of legal actions.
Reasoning: The prevailing rule affirms that service upon the Commissioner is considered actual service, as supported by jurisprudence indicating that such service sufficiently notifies the insurer of legal actions.
Jurisdiction Determination by First Perfected Servicesubscribe to see similar legal issues
Application: The trial court's denial of the motion to dismiss or transfer was based on the jurisdictional principle that the first perfected service determines jurisdiction.
Reasoning: The trial court's denial of Centex-Rodgers’ motion to dismiss or transfer based on the jurisdictional principle that the first perfected service determines jurisdiction was upheld.
Role of Sureties in Public Construction Bond Casessubscribe to see similar legal issues
Application: Sureties are recognized as real parties in interest, allowing them to be named as defendants in public construction bond actions.
Reasoning: Additionally, sureties are recognized as real parties in interest in public construction bond cases, allowing them to be named as defendants in such actions.
Service of Process on Insurance Commissioner as Agentsubscribe to see similar legal issues
Application: Service of process on the Insurance Commissioner is valid for serving authorized domestic, foreign, or alien insurers in the state.
Reasoning: Service of process on the Insurance Commissioner and Treasurer, as the appointed attorney for an insurer, is the exclusive method for serving authorized domestic, foreign, or alien insurers in the state.