Read Blog
related attorneys
The Ferraro Law Firm represented MIA, the appellee in this appeal. In the underlying lawsuit, MIA sought damages against Hyba and its principals for breach of contract, fraud in the inducement, negligent misrepresentation, breach of warranty, and conspiracy in connection with Hyba’s sale of what were purported to be genuine high-end handbags, but which were, instead, counterfeit knock-offs. On July 1, 2021, the trial court entered a final default judgment in the amount of $974,610.48 against Hyba for liquidated damages and costs, while reserving jurisdiction to consider any subsequent unliquidated damages.
Thereafter, Hyba filed a motion to quash service of process, arguing that MIA failed to effectuate substituted service upon Hyba, a non-resident LLC, (located in Dubai). After conducting an evidentiary hearing, the trial court rejected Hyba’s principal’s self-serving testimony, and denied the motion to quash.
The issue on appeal was whether MIA had properly effectuated service upon Hyba. MIA successfully argued that section 48.181(1), Fla. Stat., applies to service of process on nonresidents doing business in the state who have no registered agent in the state, and that under section 48.181(1), service upon the Secretary of State is treated as personal service, which does not require additional service upon the foreign LLC. Thus, where, as here, MIA alleged that Hyba was engaged in business in the state and failed to register or provide a registered agent in the state, it relied on section 48.181, served the Secretary of State, and, pursuant to section 48.181(1), that service was ascribed the same validity as if it had been served personally on the person or foreign corporation.
Specifically, MIA argued that under the statute, “[t]he acceptance of the privilege [of doing business in this state] is signification of the agreement of the persons and foreign corporations that the process against them which is so served is of the same validity as if served personally on the persons or foreign corporations.” § 48.181(1), Fla. Stat. Because MIA properly pled the jurisdictional requirements to bring service of process on Hyba under the ambit of section 48.181; it was undisputed that the Secretary of State was duly served; and section 48.181(1) treats the Secretary of State in such cases as personal service upon the “designated agent,” service was perfected upon Hyba.
The Third District Court of Appeal agreed and affirmed the Judgment on appeal. See Hyba General Trading, LLC v. MIA Collection Services, LLC, 357 So. 3d 764 (Fla. App. 3d DCA 2023).
Featured Articles
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
To the general public searching for a competent aggressive law firm, I must recommend The Ferraro Law firm. After my first consultation with this firm, it was clear this was the right firm to handle my case.
I had tried a few others but was not impressed. In fact, the others made me feel like just a number. I’m a licensed general contractor with many years of experience. The main thing in my business success is, and has been, communication.
Ferraro Law has given me the very best communication I could ask for. As we all know, things don’t always happen overnight. This is where communication comes in.
My thanks to the Ferraro Law firm for transparency and diligent attention to all the details in my case.
I recommend them highly with a five star rating. 10 if I could.
Mark D.
I had a truly positive experience working with Ferraro Law Firm, especially Berta, who supported me every step of the way. From the beginning, she was kind, patient, and very clear in her communication. She set realistic expectations and checked in with me often, which made a big difference during a time that felt overwhelming in my personal life.
Receiving a settlement sounds like it should be simple, but it can actually be a lot to process. Berta made everything feel manageable. The process of signing documents and receiving my settlement was smooth and stress-free, and I always felt reassured that everything was being handled properly.
What stood out to me the most was how considerate and understanding she was of me as a person, not just a case. As a mother, that meant a lot. I truly felt supported throughout the entire experience.
I’m very grateful for the help I received and would absolutely recommend Ferraro Law Firm to anyone looking for professionalism, guidance, and genuine care during a legal process.
Ebony C.
Mrs. Berta, thank you for being the best part of Ferraro Law Firm.
Regina H.
I am very pleased with Ferraro law firm and their employee Berta. She was very helpful and she kept me informed about the entire process. I would definitely recommend this company!
Roger T.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than three decades, and have the resources you need to challenge any opponent!
