Mabie v. Garden Street Management Corp.
Florida Supreme Court
397 So. 2d 920 (1981)
- Written by Liz Nakamura, JD
Facts
Lefferts Mabie (plaintiff) sued Garden Street Management Corporation (GSMC) (defendant) in Escambia County, which is in Florida’s First Judicial Circuit, but did not immediately perfect service. Shortly after, GSMC sued Mabie in Hillsborough County, which is in Florida’s Thirteenth Judicial Circuit, and immediately perfected service of process on Mabie. After service of process was perfected in the Hillsborough County action, Mabie perfected service of process on GSMC in the Escambia County action. Mabie then filed a motion either to dismiss the Hillsborough County action; or to transfer it to Escambia County, arguing that Escambia County had jurisdiction because the Escambia County action was filed first-in-time. The Hillsborough County Circuit Court refused to transfer the case, holding that it had jurisdiction because service of process was perfected in the Hillsborough action before it was perfected in the Escambia action. On appeal, the appellate court affirmed. Mabie then appealed to the Florida Supreme Court.
Rule of Law
Issue
Holding and Reasoning (McDonald, J.)
What to do next…
Here's why 810,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
