Lidia Marine Corp. v. Cerdas

District Court of Appeal of Florida

Lidia Marine Corp. v. Cerdas

391 So. 2d 382, 1980 Fla. App. LEXIS 18256

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1980

DocketNo. 80-1379

StatusPublished

This text of 391 So. 2d 382 (Lidia Marine Corp. v. Cerdas) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lidia Marine Corp. v. Cerdas, 391 So. 2d 382, 1980 Fla. App. LEXIS 18256 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

This appeal is from a non-final order which denied the motion of the defendant, British Marine Mutual Insurance Association, Ltd., to dismiss the complaint as to that defendant upon the ground that there was a lack of jurisdiction over the person of the defendant.¹ It appears from the record filed that the issue clearly falls within the rule stated in Caribe & Panama Investments, S. A. v. Christensen, 375 So.2d 601 (Fla. 3d DCA 1979) and Yachts v. Ray Richard, Inc., 347 So.2d 779 (Fla. 3d DCA 1977), [383]*383in that the complaint does not sufficiently allege a jurisdictional basis for service on the nonresident defendant and the factual allegations of an affidavit of the defendant fully negated the conclusory allegations of the complaint and no evidentiary hearing was had. Therefore, the order is reversed.

Reversed.

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PER CURIAM.

This appeal is from a non-final order which denied the motion of the defendant, British Marine Mutual Insurance Association, Ltd., to dismiss the complaint as to that defendant upon the ground that there was a lack of jurisdiction over the person of the defendant.¹ It appears from the record filed that the issue clearly falls within the rule stated in Caribe & Panama Investments, S. A. v. Christensen, 375 So.2d 601 (Fla. 3d DCA 1979) and Yachts v. Ray Richard, Inc., 347 So.2d 779 (Fla. 3d DCA 1977), [383]*383in that the complaint does not sufficiently allege a jurisdictional basis for service on the nonresident defendant and the factual allegations of an affidavit of the defendant fully negated the conclusory allegations of the complaint and no evidentiary hearing was had. Therefore, the order is reversed.

Reversed.

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391 So. 2d 382, 1980 Fla. App. LEXIS 18256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lidia-marine-corp-v-cerdas-fladistctapp-1980.

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