# Gribbel v. Henderson, Jr.

> Supreme Court of Florida · November 10, 1942 · 151 Fla. 712

URL: https://www.frixlaw.com/law-library/cases/3391454

## Case

- **Full name:** WAKEMAN GRIFFIN GRIBBEL, Et Al., Individually, v. T. N. HENDERSON JR., Et Al.; WAKEMAN GRIFFIN GRIBBEL, Et Al., as Director-Trustees of John Gribbel, Incorporated, a Dissolved Florida Corporation, v. T. N. HENDERSON, JR.; JOHN GRIBBEL, INCORPORATED, a Dissolved Corporation Under the Laws of the State of Florida, v. T. N. HENDERSON, JR., Et Al.
- **Court:** Supreme Court of Florida
- **Decided:** November 10, 1942
- **Citations:** 151 Fla. 712; 10 So. 2d 734; 1942 Fla. LEXIS 1250
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Brown, Terrell, Buford, Chapman, Adams, Thomas, Whitfield
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3391454

## Opinion text

PETITION FOR REHEARING
PER CURIAM:
The opinion and order herein denying a writ of certiorari assumed that 'the motion to quash the return of substituted service of process upon the duly desig
*734
nated resident agent of the nonresident executor-trustee defendants under the statute, was denied by the trial judge upon the theory that such substituted service was authorized by the statute and was legal and valid service upon the defendant executor-trustees, in their capacity as such executor-trustees, even if such service be unauthorized as service of process on the defendants in their
individual capacity,
no individual liability being alleged. See Sec. 732.47 Florida Statutes 1941; 42 Am. Jur. p. 41 , et seq., Secs. 50, et seq. In the absence of allegations of individual liability, the trial court may eliminate from the record the return of service of process in so far as it relates to service of process upon the nonresident executor-trustee defendants in their
individual capacity.
Rehearing denied.
BROWN, C. J., WHITFIELD, TERRELL, BUFORD, CHAPMAN and ADAMS, JJ., concur.
THOMAS, J., dissents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3391454. Public record. Not legal advice.