Marion County Hospital District v. Namer

225 So. 2d 442, 1969 Fla. App. LEXIS 5437
CourtDistrict Court of Appeal of Florida
DecidedJuly 24, 1969
DocketNo. K-384
StatusPublished
Cited by2 cases

This text of 225 So. 2d 442 (Marion County Hospital District v. Namer) 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
Marion County Hospital District v. Namer, 225 So. 2d 442, 1969 Fla. App. LEXIS 5437 (Fla. Ct. App. 1969).

Opinion

CARROLL, DONALD K., Judge.

The plaintiff in an action for hospital services rendered has taken this interlocutory appeal from an order entered by the Circuit Court for Marion County quashing the service of process upon the defendant.

The sole question presented for our determination in this appeal is whether, when a nonresident of this state, who is involved in a motor vehicle collision on a Florida highway and receives hospital care as a result of the injuries incurred in that collision, he can he subjected to service of process and the jurisdiction of Florida courts under the provisions of the Florida Non-Resident Motor Operator’s Service Statute.

The statute just referred to (Section 48.171, Florida Statutes, F.S.A.) provides as follows:

“Service on nonresident motor vehicle owners, etc. — Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated, or of permitting any motor vehicle owned, or leased, or controlled by him to be operated with his knowledge, permission, acquiescence or consent, within the state, or any resident of this state, being the licensed operator or owner of or the lessee, or otherwise entitled to control any motor vehicle under the laws of this state, who becomes a nonresident or conceals his whereabouts, by the acceptance or licensure and by the operation of the motor vehicle, either in person, or by or through his servants, agents, or employees, or by persons with his knowledge, acquiescence and consent within the state constitutes the secretary of state his agent for the service of process in any civil action begun in the courts of the state against such operator or owner, lessee or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.”

Briefly stated the record shows the following :

In 1963 the defendant was seriously injured in an automobile collision occurring in Marion County. At that time he was, and is now, a resident of New York State. He was passing through Florida when his automobile was struck in his lane by a car driven by a drunken driver, who was killed in the collision. The defendant was taken to the Munroe Memorial Hospital, which was then, and is now, operated by the plaintiff, which filed the instant action against the defendant for the sum of $3,809.04 due and owing by the defendant for hospital services rendered to him.

Substituted service was had upon the defendant pursuant to the provisions of the above-quoted statute. The defendant, through his attorney, filed a motion to dismiss on the grounds that the court lacked jurisdiction over his person and that there was insufficiency of process and of service of process.

In the order appealed from herein, the Circuit Court treated the said motion as a motion to quash the service of process and held that the action was not one “arising out of and by reason of” any accident or collision, within the quoted statute. The court held that the service of process was insufficient and that the court lacked jurisdiction of the defendant, and then quashed the service of process.

The precise question before us makes this a case of first impression in Florida. Opr juridical task is made more difficult by the fact that there is a split of authority on this question among the other jurisdictions of this country.

The weight of authority in this country, and what we conceive to be the better [444]*444view, is that ex contracta actions, as well as ex delicto actions, are covered by substituted service statutes like Section 48.171, Florida Statutes.

A leading case recognizing this majority view is the decision of the Louisiana Supreme Court in Maddry v. Moore Bros. Lumber Co., 195 La. 979, 197 So. 651 (1940), in which an award of workmen’s compensation was sought because of injuries sustained in a motor vehicle collision. The defendant argued that the Louisiana substituted service statute (analogous to ours) applied only to ex delicto actions and not to contract actions. In answer to this argument the Louisiana Supreme Court held:

“From a reading of the above quoted Section of the Act it is apparent that a non-resident, or his agent, who operates a motor vehicle on the highways of this State, shall be deemed thereby to have appointed the Secretary of State as his attorney for service of process in any action or proceeding against the nonresident growing out of any accident or collision in which the non-resident or his agent may be involved while operating a motor vehicle on the highways of this State. The title of the Act states ‘civil process against non-residents,’ and the body of the Act specifically provides that such process may be served upon the Secretary of State as the agent of the non-resident in any action or proceeding growing out of any accident or collision. The language used, ‘any action or proceeding,’ is very broad and covers the instant case. If it had been the intention of the Legislature that the service of process was to be restricted to actions ex delicto it appears that there would have been some language used to that effect. From the very language used, which is very broad and all inclusive, it would appear that it was the intention of the Legislature to embrace actions of any and every nature growing out of an accident or collision in which the nonresident is involved while making such use of the highways of this State.
‡ ‡ í}í ‡ ifc
“The language of the Act involved is clear and unambiguous and the letter of it is not to be disregarded under the pretext of pursuing its spirit.
“The Act uses the broad, clear unambiguous, and all inclusive language, ‘Any action or proceeding * * * growing out of any accident or collision.’ It is to be noted that the service of the process is authorized in any action or proceeding growing out of any accident or collision. By use of the word ‘any’ before ‘action’ and against before ‘accident,’ it appears that the Act was intended to be comprehensive and applied to all actions or proceedings growing out of any accident or collision in which the non-resident is involved while making such use of the highways. It might be urged that an Act of this nature should be strictly construed. Under such method of construction undoubtedly the language used makes the Act applicable to this case.”

The foregoing Louisiana decision was cited with approval by the Appellate Court of Illinois in Dart Transit Co. v. Wiggins, 1 Ill.App.2d 126, 117 N.E.2d 314 (1953), in which two Florida residents were the defendants in an action involving the right to contribution by implied contract. Illinois has a substituted service statute analogous to ours. In its decision the Illinois court held:

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Bluebook (online)
225 So. 2d 442, 1969 Fla. App. LEXIS 5437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marion-county-hospital-district-v-namer-fladistctapp-1969.