Sierra Holding, Inc. v. Sharp Electronics Corp.

District Court of Appeal of Florida

Sierra Holding, Inc. v. Sharp Electronics Corp.

436 So. 2d 324, 1983 Fla. App. LEXIS 22568

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 1983

DocketNo. 83-358

StatusPublished

Cited by2 cases

This text of 436 So. 2d 324 (Sierra Holding, Inc. v. Sharp Electronics Corp.) 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

Sierra Holding, Inc. v. Sharp Electronics Corp., 436 So. 2d 324, 1983 Fla. App. LEXIS 22568 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

Appellant, Sierra Holding, Inc., challenges the sufficiency of service of process upon it where same was attempted under the provisions of Sections 48.081(3), Florida Statutes (1979) as amended.

The process server actually served one Charles (Chuck) Drago with process. The dispositive issue is whether Mr. Drago was an employee of appellant at the time. From an examination of the record and testimony we find no basis for a finding that Mr. Drago was an employee of appellant, but to the contrary find he was not. Thus, the service under the mentioned statute was invalid.

We further hold that appellant did not submit to personal jurisdiction by general appearance. Finally we do not rule on the sufficiency of subsequent substituted service since the trial court has not yet adjudicated its sufficiency.

Reversed and remanded.

LETTS, BERANEK and WALDEN, JJ., concur.

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