10 Fla. L. Weekly Supp. 300a
Jursidction — Insurance — Corporations — Service of process — Order denying motion to dismiss for lack of jurisdiction is affirmed as jurisdiction over insurer was obtained by service on employee but reversed and remanded as to issue of propriety of service where record is devoid of evidence that members of superior class were absent when process was served on inferior employee
A.F. ROLOFF, INC., n/k/a LUNA SERVICES, Appellant, v. STATE MUTUAL INSURANCE COMPANY, Appellee. Circuit Court, 15th Judicial Circuit (Appellate-Civil) in and for Palm Beach County. Case No. AP 01-5500 AY. March 6, 2003. Appeal from the County Court in and for Palm Beach County, Krista Marx, Judge. Counsel: Scott D. Rubinchik, P.A., for Appellant. Steven A. Harris, for Appellee.
(PER CURIAM.) The non-final order denying Appellant’s Motion to Dismiss for Lack of Jurisdiction, which was treated as Motion to Quash Service is AFFIRMED, since the record demonstrates that jurisdiction over the Appellant was obtained when service was effectuated upon an employee of Southern.
However, the non-final order denying Appellant’s Motion to Dismiss for Lack of Jurisdiction, which was treated as Motion to Quash Service, is REVERSED and REMANDED for further proceedings as to the issue of proper service pursuant to section 48.081(1) of the Florida Statutes. The record is devoid of any evidence indicating that Appellee proved that the members of a superior class were absent when process was served upon an inferior employee. (WROBLE, BERGER, MILLER, JJ., concur.)
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