Friday, June 5, 2009

Injunction Reversed for Lack of Notice to Members of Unincorporated Association

In Mt. Nebo Missionary Baptist Church v. Glee (1D07-6359), the First District granted the appellants motion to quash service of process and to reverse an order reinstating a deacon.
"As this court found in Walton-Okaloosa-Santa Rosa Medical Society v. Spires, 153 So. 2d 325 (Fla. 1st DCA 1963), an injunction issued against an unincorporated association, whose individual members were not served notice, is not binding on that association. Here, it is uncontested that Mt. Nebo was an unincorporated association and that its individual members were not served notice. Therefore, the trial court did not have personal jurisdiction over Mt. Nebo, and the trial court’s order that appellee be "reinstated as a deacon in the Defendant/Church" is not binding on Mt. Nebo."


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