Florida District Courts of Appeal, 1982

Cadillac Fairview, Ltd. v. Davis

Florida District Courts of Appeal · Decided February 23, 1982 · Jorgenson, Pearson, Schwartz

409 So. 2d 1220; 1982 Fla. App. LEXIS 29257 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Since the super technical objections to the plaintiff’s compliance with Sec. 48.181, Fla. Stat. (1979) are wholly without merit and the amended complaint generally alleged the basis for substituted service in the language of Sec. 48.161, Fla.Stat. (1979), the motion to dismiss for lack of jurisdiction over the person of the defendant, based on the alleged insufficiency of the amended complaint, was properly denied under the newly applicable Fla.R.Civ.P. 1.070(i).1 The order under review is therefore affirmed without prejudice to a factual determination that Sec. 48.161, Fla.Stat. (1979) was not properly invoked as to the present appellant.

. This provision, effective January 1, 1981, provides:

(i) Pleading Basis. When service of process is to be made under statutes authorizing service on non-residents of Florida, it is sufficient to plead the basis for service in the language of the statute without pleading the facts supporting service.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.