Read Blog
related attorneys
Related practice area
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.
have more questions?
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.
This post is directed on the care and understanding that I was shown by Bertha(Berta) on my recent claims. She has great understanding of the process and I received great timely help from her.
Faith G.
I had a great experience working with Ignacio at this firm on my insurance claim after a car accident. He handled everything professionally and on time. He took care of the details and saved me a lot of time and effort. The claim was successfully resolved, and I received my payout. I’m very satisfied with his work and highly recommend Ignacio and the firm.
Anton T.
I had an excellent experience working with Ignacio Segurola at The Ferraro Law Firm, P.A. From the very beginning, Ignacio was professional, knowledgeable, responsive, and genuinely caring. He took the time to listen carefully, explain everything clearly, and make sure I understood each step of the process. Thank you, Ignacio!
Mariana R.
Stephanie and all the folks at the Ferraro Law Firm were professional and excellent in handling my case. Even more importantly they were very kind and treated me like family. I would wholeheartedly recommend them to anyone. Thank Y’all so much.
Matthew F.
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 40 years, and have the resources you need to challenge any opponent!
