Simari v. Illinois Central Railroad Company

179 So. 2d 220
CourtDistrict Court of Appeal of Florida
DecidedOctober 21, 1965
DocketG-155
StatusPublished
Cited by8 cases

This text of 179 So. 2d 220 (Simari v. Illinois Central Railroad Company) 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
Simari v. Illinois Central Railroad Company, 179 So. 2d 220 (Fla. Ct. App. 1965).

Opinion

179 So.2d 220 (1965)

Sophie SIMARI and Anthony Simari, her husband, Appellants,
v.
ILLINOIS CENTRAL RAILROAD COMPANY, a corporation, and Atlantic Coast Line Railroad Company, a corporation, Appellees.

No. G-155.

District Court of Appeal of Florida. First District.

October 21, 1965.

*221 Brass, Strong, Judge & Stern, Daytona Beach, for appellants.

Edward K. Goethe, of Giles, Hedrick & Robinson, Orlando, for appellees.

CARROLL, DONALD K., Judge.

The plaintiffs in a negligence action against two railroads have taken this interlocutory appeal from an order entered by the Circuit Court for Volusia County granting the motion filed by the defendant Illinois Central Railroad Company to dismiss their complaint on the ground of insufficiency of the service of process upon the said defendant.

The ultimate question for determination in this appeal is whether the said defendant, under the circumstances described below, is so "doing business" in this state that service of process upon its district passenger agent gave the Circuit Court jurisdiction in this action over the said defendant.

The factual background out of which the order appealed from arose is essentially as follows: The plaintiffs, Mr. and Mrs. Simari, residents of Volusia County, filed this action for damages against the Atlantic Coast Line Railroad Company and the Illinois Central Railroad Company, hereinafter referred to as Illinois Central, on account of injuries suffered by Mrs. Simari in an accident that occurred in St. Louis, Missouri, while she was a passenger on a train being operated by Illinois Central. The plaintiffs allege in their complaint that Mrs. Simari's injuries were proximately caused by Illinois Central's negligent operation of the train. At the present stage of this litigation we are not, of course, concerned with the merits of the plaintiffs' cause of action.

A summons in this cause was attempted to be served on Illinois Central by serving the summons upon one C.J. Petty, the Illinois Central's district passenger agent in Miami, Florida. Illinois Central then filed a motion to dismiss the said complaint, upon three grounds: lack of jurisdiction over the subject matter, insufficiency of service of process, and failure to state a cause of action.

In the order appealed from herein the Circuit Court granted Illinois Central's said motion on the ground that the service of process upon it was insufficient.

The court's said ruling was based upon several affidavits and Illinois Central's answers to certain interrogatories and requests for admissions, which established the following facts: Since 1935 Illinois Central has maintained two offices in Florida, one in Miami, with seven employees, and the other in Jacksonville, with six employees. The duty of these thirteen employees is to solicit passenger and freight business for transportation over the lines of Illinois Central outside of the State of Florida, and to arrange for the routing of such passengers and freight. The sole duty of the said Petty, upon whom the attempted service of process was made, was the solicitation of passenger business. The said officers do not issue bills of lading or collect freight charges in Florida and do not sell passenger tickets. Neither office settles claims or handles cash transactions. Illinois Central pays no taxes in this state and has not obtained a certificate of authority to do business in Florida, nor has it designated anyone as its agent for the service of process in this state. As mentioned above, the accident involved in the instant accident occurred *222 in St. Louis, Missouri. All of the members of the Illinois Central crew operating the train at that time were residents of the State of Illinois.

Upon the basis of the foregoing facts, the Circuit Court granted Illinois Central's motion to dismiss on the ground that the service of process upon it was insufficient, and this interlocutory appeal followed.

The issue for determination in this appeal — the sufficiency vel non of the service of process upon Illinois Central in this case must, from the judicial perspective, be considered as a two-fold question: first, whether such service comports with the due process requirement of the 14th Amendment to the United States Constitution; and, secondly, if that service does so comport, the said service complies with the requirements of the statutory provisions in Florida providing for the service of process upon foreign corporations.

Taking up the first question, concerning the application of the due process clause, we naturally turn first to the decisions of the United States Supreme Court, the final authority in the construction of the U.S. Constitution. Unfortunately for the certainty of the law, however, those decisions during the past century have undergone a far-reaching evolutionary process of change, so that every decision of that court in this field must be evaluated in the light of its place in that evolutionary process. In fact, this process has become so marked and so decisive in judicial considerations that the United States Supreme Court has sometimes adverted to it in its opinions in this field. For instance, in McGee v. International Life Ins. Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957), the United States Supreme Court said the following:

"Since Pennoyer v. Neff, [5 Otto 714], 95 U.S. 714, 24 L.Ed. 565, this Court has held that the Due Process Clause of the Fourteenth Amendment places some limit on the power of state courts to enter binding judgments against persons not served with process within their boundaries. But just where this line of limitation falls has been the subject of prolific controversy, particularly with respect to foreign corporations. In a continuing process of evolution this Court accepted and then abandoned `consent,' `doing business,' and `presence' as the standard for measuring the extent of state judicial power over such corporations. See Henderson, The Position of Foreign Corporations in American Constitutional Law, c. V. More recently in International Shoe Co. v. [State of] Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95, [161 A.L.R. 1057], the Court decided that `due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend "traditional notions of fair play and substantial justice"' Id., 326 U.S. at 316, 66 S.Ct. at [page] 158.
"Looking back over this long history of litigation a trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations and other nonresidents. In part this is attributable to the fundamental transformation of our national economy over the years. Today many commercial transactions touch two or more States and may involve parties separated by the full continent. With this increasing nationalization of commerce has come a great increase in the amount of business conducted by mail across state lines. At the same time modern transportation and communication have made it much less burdensome for a party sued to defend himself in a State where he engages in economic activity."

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