Search
  • Steve Navarrete

WHO IS IMMUNE FROM BEING SERVED WITH PROCESS IN FLORIDA?


Ambassadors, Consuls, and other Foreign Ministers. ALSO IMMUNE from process are witnesses or litigants who travel from territorial jurisdiction of their own homes to attend a court-related matter in another jurisdiction. Furthermore, these persons are immune from process for a reasonable period of time before and after going to court and returning to their homes. For example, in Mallin v. Sunshine Kitchens, Inc., 314 So. 2d 203 (Fla. 3d DCA 1975), cert. denied, 330 So. 2d 22 (Fla. 1976), the court decided that process served upon a defendant who entered the jurisdiction for the purpose of discussing a settlement was invalid because it was served during a good-faith settlement conference. This rule is based on the policy reason that to allow service on such people would discourage them from attending court in the first place. However, service of process is permitted on a nonresident attending court in a foreign jurisdiction if the process which issues in a case that is related to the case for which the nonresident is in attendance and if the parties and the issues are identical. Diaz v. First Capital Corp., 771 So. 2d 598 (Fla. 3d DCA 2000).

#immunefromservice #processserviceimmunity #processservice #ambassador #consuls

4 views