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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).
Frequently Asked Questions
Frequently Asked Questions
01.
What is the timeframe for filing an appeal?
Deadlines vary by jurisdiction, but commonly range from 30 to 60 days post-judgment. Missing these strict limits can forfeit your right to challenge the ruling.
02.
Do I automatically get an oral argument in an appellate court?
Not necessarily. Certain appellate courts perform their review solely on the briefs; others permit oral hearings at their discretion.
03.
How long does the appellate process take?
Anywhere from a few months to over a year. Complex civil or criminal issues typically take longer, depending on the court’s docket.
04.
What happens if you lose on appeal?
You may petition for further review to a higher court, or the opinion might stand as final. We will advise you on the viability of pursuing further review.
05.
Can Ferraro Law handle my appellate case if I live outside of Florida?
Absolutely. Ferraro Law represents clients nationwide, providing skilled appellate advocacy to challenge or defend trial court decisions.
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James L. Ferraro
Founding Shareholder & President
Marc P. Kunen
Shareholder
James L. Ferraro, Jr.
Shareholder
Andrew J. Ferraro
Litigation Attorney
Angelica L. Novick
Partner
Daniel J. Di Matteo
Partner
The Hon. Leslie Rothenberg (Ret.)
Partner
Ignacio J. Segurola
Litigation Attorney
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.
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Working with Daniel J. Di Matteo, Attorney and Partner at The Ferraro Law Firm was and is a life-changing forever experience. He is committed to a level of professionalism and attention to detail that is at the 100th percentile. Daniel handled everything with calmness, sensitivity and support that I needed through this difficult time. He always protected me and had my best interests. I am completely satisfied with the results.
If you need an attorney that operates at the highest level, that attorney is Daniel J. Di Matteo.
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Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
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Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
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My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
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