White v. Watts

Florida District Courts of Appeal
White v. Watts, 716 So. 2d 293 (1998)
1998 Fla. App. LEXIS 8515; 1998 WL 396238
Altenbernd, Casanueva, Patterson

White v. Watts

Opinion of the Court

CASANUEVA, Judge.

Rosalind Steck White, the plaintiff who brought a shareholder’s derivative suit, appeals an order enforcing a settlement agreement with June L. Watts and Marketing Productions, Inc. We reverse because the trial court lacked jurisdiction over the corporation.

Ms. White filed this action in January, 1996. To meet the requirements of a derivative action the complaint named the corporation and was verified by Ms. White. Although the corporation was a named defendant, Ms. White never served it. In a shareholder’s derivative action, the corporation is an indispensable party defendant. See Alario v. Miller, 354 So.2d 925 (Fla. 2d DCA 1978). Without completed service of process, there is no personal jurisdiction over the corporation.

Because no jurisdiction was obtained over the defendant corporation, no judgment could be entered against it.

Reversed.

PATTERSON, A.C.J., and ALTENBERND, J., concur.

Reference

Full Case Name
Rosalind Steck WHITE, individually and on Behalf of Marketing Productions, Inc., f/k/a Mall Productions, Inc., a Florida corporation v. June L. WATTS, and Marketing Productions, Inc., f/k/a Mall Productions, Inc., a Florida corporation
Cited By
1 case
Status
Published