Florida District Courts of Appeal, 1970

Allied Stores Corp. v. Manis

Allied Stores Corp. v. Manis
Florida District Courts of Appeal · Decided July 24, 1970 · Owen, Reed, Walden
237 So. 2d 824; 1970 Fla. App. LEXIS 6239 (Southern Reporter, Second Series)

Allied Stores Corp. v. Manis

Opinion of the Court

PER CURIAM.

Affirmed on the authority of Fawcett Publications, Inc. v. Rand, Fla.App.1962, 144 So.2d 512; Fawcett Publications, Inc. v. Brown, Fla.App.1962, 146 So.2d 899; and Young Spring & Wire Corp. v. Smith, Fla.1965, 176 So.2d 903.

REED and OWEN, JJ., concur. WALDEN, J., dissents, with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting) :

I respectfully dissent.

This is an interlocutory appeal which is addressed to a trial court order quashing service of process upon an out of state party, Oil Specialties and Refining Co. In my opinion the record, and particularly the testimony of David South, adequately supports the service of process under the terms of Section 48.181(3), F.S.1967, F.S.A., which provides:

β€œAny person, firm or corporation which sells, consigns, or leases by any means whatsoever tangible or intangible personal property, through brokers, jobbers, wholesalers or distributors to any person, firm or corporation in this state shall be conclusively presumed to be operating, conducting, engaging in or carrying on a business venture in this state.”

I would reverse and thereby retain jurisdiction of the out of state defendant.

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