Sierra Holding, Inc. v. Sayner

District Court of Appeal of Florida

Sierra Holding, Inc. v. Sayner

506 So. 2d 65, 12 Fla. L. Weekly 1115, 1987 Fla. App. LEXIS 7909

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1987

DocketNo. 4-86-1326

StatusPublished

This text of 506 So. 2d 65 (Sierra Holding, Inc. v. Sayner) 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.

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Sierra Holding, Inc. v. Sayner, 506 So. 2d 65, 12 Fla. L. Weekly 1115, 1987 Fla. App. LEXIS 7909 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

Reversed. Upon review of the record we believe it was error for the clerk of the trial court to enter a default against the appellant. Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980). We also believe that appellee’s jurisdictional allegations concerning appellant are insufficient as a matter of law to constitute a proper predicate for constructive service of process, and appellant’s motion to quash such service should have been granted. Notwithstanding our holding, upon remand the appellee should be afforded yet another opportunity to amend his complaint to state a proper predicate for service of process and to attempt to secure jurisdiction over the appellant. See Sierra Holding, Inc. v. Sayner, 469 So.2d 239 (Fla. 4th DCA 1985).

[66]*66ANSTEAD and GLICKSTEIN, JJ„ and FEDER, RICHARD YALE, Associate Judge, concur.

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PER CURIAM.

Reversed. Upon review of the record we believe it was error for the clerk of the trial court to enter a default against the appellant. Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980). We also believe that appellee’s jurisdictional allegations concerning appellant are insufficient as a matter of law to constitute a proper predicate for constructive service of process, and appellant’s motion to quash such service should have been granted. Notwithstanding our holding, upon remand the appellee should be afforded yet another opportunity to amend his complaint to state a proper predicate for service of process and to attempt to secure jurisdiction over the appellant. See Sierra Holding, Inc. v. Sayner, 469 So.2d 239 (Fla. 4th DCA 1985).

[66]*66ANSTEAD and GLICKSTEIN, JJ„ and FEDER, RICHARD YALE, Associate Judge, concur.

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506 So. 2d 65, 12 Fla. L. Weekly 1115, 1987 Fla. App. LEXIS 7909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-holding-inc-v-sayner-fladistctapp-1987.

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