Metnick v. Right of the Dot, LLC
A broker obtained a default final money judgment against an out-of-state defendant after serving him by publication in a breach of contract suit for an unpaid commission. The Third DCA reversed, holding that section 49.011 does not authorize service by publication in an action seeking monetary damages for breach of contract, so the court never acquired personal jurisdiction and the default judgment was void.
Key facts
- A broker sued an out-of-state defendant in Florida state court for an unpaid real estate commission, serving the defendant by publication under section 49.011.
- The trial court entered a default final money judgment against the defendant after he failed to respond to the service by publication.
- +2 more key facts with a free trial
Why it matters
Useful authority for defense counsel attacking default judgments obtained through constructive service, confirming that section 49.011's enumerated list is exclusive and that publication cannot support a personal money… — full analysis with a trial
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