- May be made on president or VP
- In absence, treasurer, secretary, general manager
- In absence, director.
- Or in absence, resident officer of business agent.
Service on domestic corp or foreign corp qualified to transact business in state can be made on any agent designated by law or, if no such agency has been appointed, to any employee at corp's PPC or on any employee of registered agent.
If addresses provided for registered agent, officer, director or PPB is residence or private mailbox, service on corp may be made by serving registered agent, officer, or director at that address as if she were an individual.
Publication can be on any person, known or unknown, in the following in rem or quasi in rem actions:
1. enforce lien or claim, or quiet title to or remove lien or claim or cloud on real or personal property in FL or any fund held or debt owing by any person on whom process can be served in FL
2. partition real or personal property in FL
3. dissolution or annulment of marriage, adoption, temporary custody, or termination of parental rights
4. construction of will, deed, K, written instrument
5. writ of replevin, garnishment, or attachment issued and executed in FL
6. probate or guardianship proceedings where personal service not required by federal or state statute or Const.
7. reestablish lost instrument or record that has or should have its situs w/in jurisdiction of court AND
8. determine paternity, but only as to legal father when another man alleged to be bio father
There are seven recognized pleasings:
- third- party complaint,
- answer to third-party compliant,
- answer to counterclaim,
- and answer to cross-claim
A motion is not a pleading; rather, it is an application to the court for an order. Demurrers, pleas, and exceptions are abolished. Florida also is a fact-pleading jurisdiction: Ultimate facts, not evidence or conclusions, must be pleaded. Alternative, inconsistent, or hypothetical c/a or defenses may be pleaded in the alternative as long as the pleader does not know which is true.
The pleadings (as well as motions, orders, judgments, and other papers) must contain:
1. name of court & file number of case
2. names of parties except for in rem proceedings, including forfeiture proceedings
3. name, current FL Bar address, bar ID #, phone #, and one primary (and secondary, if any) e-mail address of attorney
4. designation of the pleading (complaint, answer, reply, etc.)
5. numbered paragraphs, each limited, as far as practicable, to a single set of circumstances AND
6. each claim or each defense in a separate count or defense
At trial or on hearing of a motion, subject to its admissibility under rules of evidence, deposition testimony can be used as follows:
- party: by adverse party for any purpose
- any person: by any party to impeach or contradict deponent as W
- any person: by any party for any purpose if court finds W is dead, at time of hearing or trial is more than 100 miles from location or out of state, unavailable bc of illness, infirmity, age, imprisonment, unable to be subpoenaed, or having been subpoenaed, refuses to come, expert or skilled W, OR need not appear to testify bc circumstances justify use of deposition testimony only.
- deposition testimony also can be used if exceptional circumstances exist.
If party of deposition offered by party, any adverse party can require him to introduce any other part that, in fairness, ought to be considered. If party substituted, or if case dismissed and then refused, previously taken depositions can be still used.
Individual defendant can be held liable for punitive damages only if she is found personally guilty of intentional misconduct or gross negligence. In case of employer, principal, corporation, or other legal entity, punitive damages can be imposed for conduct of an employee or agent only if conduct of employee or agent amounted to intentional misconduct or gross negligence and employer, principal, corporation, or other legal entity:
1. Knowingly participated in such conduct
2. Knowingly condoned, ratified, or consented to such conduct
3. OR engaged in conduct that constituted gross negligence and that contributed to damages, loss, or injury suffered by claimant.
Injunction is judicial order compelling D to do something or refrain from doing something. Cannot be issued unless remedy at law inadequate. Every injunction binding on parties, officers, agents, servants, employees, and attorneys and those persons in active concert with them, who receive actual notice of the order.
No temporary restraining order (TROs) in FL, but are temporary injunctions, which can be granted w/o written or oral notice to adverse party only if specific facts show irreparable loss or damage can be shown by affidavit or certified pleading, movant's attorney certifies effort to give notice, and reasons for why notice should not be required are stated.