Sierra Holding, Inc. v. Sharp Electronics Corp.

Florida District Courts of Appeal
Sierra Holding, Inc. v. Sharp Electronics Corp., 436 So. 2d 324 (1983)
1983 Fla. App. LEXIS 22568
Beranek, Letts, Walden

Sierra Holding, Inc. v. Sharp Electronics Corp.

Opinion of the Court

PER CURIAM.

Appellant, Sierra Holding, Inc., challenges the sufficiency of service of process upon it where same was attempted under the provisions of Sections 48.081(3), Florida Statutes (1979) as amended.

The process server actually served one Charles (Chuck) Drago with process. The dispositive issue is whether Mr. Drago was an employee of appellant at the time. From an examination of the record and testimony we find no basis for a finding that Mr. Drago was an employee of appellant, but to the contrary find he was not. Thus, the service under the mentioned statute was invalid.

We further hold that appellant did not submit to personal jurisdiction by general appearance. Finally we do not rule on the sufficiency of subsequent substituted service since the trial court has not yet adjudicated its sufficiency.

Reversed and remanded.

LETTS, BERANEK and WALDEN, JJ., concur.

Reference

Full Case Name
SIERRA HOLDING, INC., a Florida corporation v. SHARP ELECTRONICS CORP.
Cited By
2 cases
Status
Published