Red Top Cab & Baggage Co. v. Holt
Cases that cite this one
9 later published cases cite this decision.
- Paleias v. Wang (Fla. Dist. Ct. App. 1994)
- Lake Erie Chemical Company v. Stinson (Fla. Dist. Ct. App. 1964)
- Elizabeth Howland v. Muriel Bevis (5th Cir. 1960)
- Lendsay v. Cotton (Fla. Dist. Ct. App. 1960)
- Solis v. Bailey (District Court, S.D. Texas 1956)
- Clendening v. Fitterer (Okla. 1953)
- Way v. Turner (Ga. Ct. App. 1950)
- Fidler v. Victory Lumber Co. (United States District Court for the Northern District of Florida 1950)
- Carlson v. District Court (Colo. 1947)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On petition for a writ of mandamus we review an order of the Circuit Court of Dade County quashing service of process pursuant to Sec. 47.30, F.S. ’41, F.S.A.
Process was sought to answer an action for damages by reason of. the negligent operation of an automobile. The declaration alleged that defendant was a resident of the State of Michigan. The Circuit Court quashed the attempted service because the declaration did not allege that the defendant was a nonresident at the time of the collision.
It is necessary, therefore, for us to determine whether the plaintiff must allege the nonresidence of defendant at the time of the accrual of the cause of action in order to procure service of process under this statute.
The statute rests upon the principle of agency and the relationship exists only where defendant is a nonresident. It is, therefore, indispensable that the record show the nonresident status at the time the cause of action accrues.
The petition for mandamus is denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.