Deep Sea Atl. N.V. v. Mical Seafood, Inc.
Docket: No. 4D18-1603
Court: District Court of Appeal of Florida; March 5, 2019; Florida; State Appellate Court
The appeal's portion challenging the order denying dismissal under Florida Rule of Civil Procedure 1.070(j) is dismissed due to lack of jurisdiction, as such orders do not pertain to "jurisdiction of the person." This is supported by the precedent set in Jennings v. Montenegro, 792 So.2d 1258, 1261 (Fla. 4th DCA 2001). The court affirms all other issues because the appellant failed to rebut the presumption of regularity associated with the return of service, referencing Koster v. Sullivan, 103 So.3d 882, 884 (Fla. 2d DCA 2012). Judges Warner, Gross, and Klingensmith concur with the decision.