Third DCA
Serviquim CA, etc. v. Manuchar NV, etc.—(Per Curiam Fernandez, Emas & Miller; 3DCA; 1/18/23). This citation PCA affirmed a finding of personal jurisdiction over a defendant who was a nonresident corporation who was served by personally serving a director of the corporation who was voluntarily present in Florida. It reminds us that jurisdiction based on physical presence alone constitutes due process because it is one of the continuing traditions of our legal system that define the due process standard of ‘traditional notions of fair play and substantial justice.’ Florida courts have personal jurisdiction over a nonresident defendant when that nonresident defendant is properly served with service of process while that nonresident defendant is voluntarily present in Florida. If the return [of service] is regular on its face, then the service of process is presumed to be valid and the party challenging service has the burden of overcoming that presumption by clear and convincing evidence. Process against any private corporation, domestic or foreign, may be served on any director.
There must have been a default judgment and an order denying a motion to vacate based on excusable neglect, because the citation PCA also noted that a conscious decision to use a defective email system without any safeguards or oversight cannot constitute excusable neglect.
https://supremecourt.flcourts.gov/content/download/858131/opinion/212100_DC05_01182023_ 095039_i.pdf
Terry P. Roberts
Terry@YourChampions.com
Director of Appellate Practice Fischer Redavid PLLC
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