Does Florida law apply when serving a corporation or someone who is in a different country? How do you serve them? If you are defending a personal representative of a Palm Beach estate, or maybe a beneficiary of a Florida probate lawyer, was the defendant served with process properly? What should my Florida trust and estates lawyer know about properly serving people outside of the Unites States? Consider reading this January 30,2015 case from Florida’s Second District Court of Appeal about an invalid service of process by a Florida party. Although this appeal about service of process is not a probate case, a lot can be learned from this commercial litigation.
Was Service of Process Proper ?
- What if you were not served properly in your Palm Beach estate lawsuit?
- What if you KNEW about the lawsuit, but you chose to avoid service of process of, say, some Broward County real estate lawsuit or a Ft. Lauderdale contract case?
- Do you know what to do if service of process was improper in Florida probate cases?
- Do you know what to do if you are SUING a trust beneficiary in another country and you can’t get him or her to accept service of process or you can’t get him or her served with service of process?
- Most probate litigators Delray Beach know that you can ask a court for substituted service of process or service of process Florida by publication.
- What if you are serving someone in a different country?
- Do the same Florida probate rules apply?
SDS-IC v Florida Concentrates International, LLC
- Here, Florida Concentrates International tried to serve SDS-IC, a Chinese corporation, ” by delivering a copy of the summons and a copy of the complaint directly to SDS-IC’s registered address in Hong Kong.”
- The affirmation of service that was filed did not state who was served or at what time the service was completed.
- On appeal, SDS-IC argues that ” the service of process was invalid because it complied with neither Florida Law nor the Hague Convention.”
- Is Florida Law even applicable here?
- What is the Hague Convention?
- The Hague Convention applies in “all civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad.”
- Pursuant to the Hague Convention, service can be effected utilizing a Central Authority, which each state or country should have, or service can be “effected without utilizing the Central Authority as long as the nation receiving the service has not objected to the method used.”
- Furthermore,because the company serving SDS-IC is a Florida LLC, Florida Statute 48.194(1) also applies.
- What is Florida Statute 48.194(1)?
- It says that, when you are processing service on someone outside of Florida, the same manner should be used as if you were processing service on someone within Florida.
- Here, Florida Concentrate International did not use China’s Central authority and they did not comply with Florida law.
- Why didn’t they comply with Florida law?
- Florida law requires the indication of the person served and time it was served.
- What should Florida probate litigators or beneficiaries involved in a trust and estates trial West Palm Beach remember about serving process?
- If serving someone in a different country, serve them in accordance to the Hague Convention or Florida Law.
To learn more about service of process in Florida probate litigation trials, read the entire case by clicking here.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:videos