Fern Limited v. Road Legends, Inc.

698 So. 2d 364 (1997)

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Fern Limited v. Road Legends, Inc.

Florida District Court of Appeal
698 So. 2d 364 (1997)

Facts

Road Legends, Inc. (defendant) commenced an action against Fern Limited (Fern) (plaintiff) and completed service-of-process. Fern filed a motion to dismiss and to quash service-of-process, arguing that the individual Road Legends served was not qualified to accept service-of-process on Fern’s behalf. After receiving Fern’s motion, Road Legends filed an amended complaint and validly served the amended complaint on Florida’s Secretary of State, Fern’s registered agent for service-of-process. Although service-of-process on the secretary rendered issues of jurisdiction and service-of-process moot, Fern maintained that any orders rendered prior to service of the amended complaint on the secretary should be invalidated. At a hearing on Fern’s motion, Road Legend’s counsel argued that the initial service-of-process was completed in accordance with service instructions provided by Fern. Fern did not dispute the argument raised by Road Legend’s counsel. The trial court denied Fern’s motion to quash without conducting an evidentiary hearing. Fern appealed, arguing that the trial court was required to conduct an evidentiary hearing before ruling on Fern’s motion to quash.

Rule of Law

Issue

Holding and Reasoning (Dell, J.)

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