Schupak v. Sutton Hill Associates

710 So. 2d 707 (1998)

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Schupak v. Sutton Hill Associates

Florida District Court of Appeal
710 So. 2d 707 (1998)

Facts

Sutton Hill Associates (Sutton) (defendant) commenced an action in Florida against Donald Schupak (plaintiff), a New York resident, in Schupak’s capacity as the last director of Jesson, Inc., a dissolved corporation. Sutton engaged a process-server to serve Schupak at his New York City apartment. When the process-server arrived at Schupak’s apartment, he asked the doorman to call up to Schupak’s apartment. Schupak was not at home; the only person in the apartment at the time of the attempted service was Schupak’s maid, who refused to grant the process-server entry to Schupak’s apartment. The maid did not reside in Schupak’s apartment. The process-server then left the summons and complaint with the doorman in an attempt at substituted-service. Schupak never received the summons and complaint. Ultimately, after Schupak failed to file a responsive pleading, the trial court entered a default-judgment in Sutton’s favor. Schupak filed a motion to vacate the default-judgment and quash service-of-process, arguing that the trial court did not have personal jurisdiction over him because (1) he never received service-of-process; and (2) the attempted substituted-service was invalid because Schupak’s doorman was not qualified to receive substituted-service on Schupak’s behalf. The trial court denied Schupak’s motion. Schupak appealed.

Rule of Law

Issue

Holding and Reasoning (Owen, J.)

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