ANGEL BENITEZ, EMMCO INSURANCE COMPANY, EXCEL INSURANCE COMPANY AND WASHINGTON INSURANCE COMPANY D/B/A PROVIDENCE WASHINGTON INSURANCE COMPANY, APPELLANTS,
v.
INSURANCE COMPANY OF NORTH AMERICA, ANDRES DELGADO, JULIA DELGADO AND HORTENCIA DOVEYCH, APPELLEES
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The court reversed the trial court's judgment and remanded with directions to dismiss because substituted service of process on defendant Angel Benitez was legally ineffective under Florida law, as the complaint failed to allege and the record lacked evidence that Benitez was a non-resident or concealing his whereabouts.
Substituted service of process under Florida Statutes §§ 48.161 and 48.171 is ineffective when the complaint fails to allege that the defendant is a non-resident or concealing his whereabouts and the record contains insufficient evidence of such status.
[1] Substituted service of process under Florida Statutes §§ 48.161 and 48.171 requires both that the complaint allege the defendant is a non-resident or concealing his where…
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Join FLexlaw to unlock all legal intelligenceInsurance Company of North America sued Angel Benitez and others. The trial court allowed substituted service of process on Benitez under Florida's su…
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PER CURIAM.
The order under review is reversed upon a holding that the trial court did not acquire jurisdiction over the defendant Angel Benitez as the substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally ineffective for two reasons [either one of which was sufficient to defeat the substituted service of process] to wit: (a) the plaintiff Insurance Company of North America’s complaint failed, as required by law, to allege that the above defendant was either a non-resident of Florida or was concealing his whereabouts, and (b) there was an insufficient evidentiary showing on this record that the above defendant was, as required by law, either a non-resident of Florida or was concealing his whereabouts. Bird v. International Graphics, Inc., 362 So. 2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Bistricer v. Ehrenreich, 346 So. 2d 624 (Fla. 3d DCA 1977); Chase Manhattan Bank, N. A. v. Banco Del Atlantico, 343 So. 2d 936, 937 (Fla. 3d DCA 1977); Elmex Corp. v. Atlantic Federal Savings and Loan Ass’n., 325 So. 2d 58, 61-62 (Fla. 4th DCA 1976). Upon this reversal, the cause is remanded to the trial court with directions to dismiss the plaintiff’s complaint as to the defendant Angel Benitez.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ferguson v. McWILLIAMS, 483 So. 2d 509 (Fla. 4th DCA 1986)…tional requirements prescribed by statute. If it fails to do so, then a motion to quash process and service of process should be granted.” Drake v. Scharlau, 353 So. 2d 961, 964 (Fla. 2d DCA 1978); see also Benitez v. Insurance Co. of North America, 385 So. 2d 128 (Fla. 3d DCA 1980); Turcotte v. Graves, 374 So. 2d 641 (Fla. 4th DCA 1979); Bistricer v. Ehrenreich, 346 So. 2d 624 (Fla. 3d DCA 1977); Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So. 2d 198 (Fla. 4th DCA 1974). Since the plaintiff's complaint…
Authorities Cited
- The Elmex Corp. v. Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale, 325 So. 2d 58 (Fla. 4th DCA 1976)
- Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978)
- Bird v. Int'l Graphics, Inc., 362 So. 2d 316 (Fla. 3d DCA 1978)
- Chase Manhattan Bank, N.A. v. Banco del Atlantico, 343 So. 2d 936 (Fla. 3d DCA 1977)
- Stanley v. State, 346 So. 2d 624 (Fla. 3d DCA 1977)
- Bistricer v. Ehrenreich, 346 So. 2d 624 (Fla. 3d DCA 1977)