DILLARD BODDEN, JR., APPELLANT,
v.
SAMUEL KEITH YOUNG, APPELLEE
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This interlocutory appeal addresses whether a plaintiff satisfied statutory requirements for constructive service of process on a defendant who concealed his whereabouts within Florida. The court affirmed the trial court's denial of the defendant's motion to quash service, finding that the plaintiff conducted a sufficient search and inquiry.
The court held that the plaintiff's search and inquiry were sufficient to satisfy constructive service requirements. The trial court properly found that the plaintiff reasonably employed available information in a good faith effort to locate the defendant, and the court affirmed the denial of the motion to quash.
[1] A plaintiff must reasonably employ available information in a good faith effort to locate a defendant for constructive service of process.
[2] Statutory requirements for constructive service of process are satisfied when a plaintiff demonstrates a sufficient search and inquiry to locate a defendant who conceals…
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Join FLexlaw to unlock all legal intelligence“The plaintiff must reasonably employ the information available to him in a good faith effort.”
Establishes the legal standard for sufficient constructive service of process under Florida law.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a personal injury suit arising from an automobile accident in West Palm Beach, Florida, against the vehicle owner and driver. Personal…
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[*1056] BERANEK, Judge.
This is an interlocutory appeal from an order on jurisdiction over the person of appellant/defendant. The question is whether plaintiff made a sufficient search and inquiry to satisfy the statutory requirements for constructive service of process on a person who conceals his whereabouts within the State. See Section 48.161, Florida Statutes (1981). Plaintiff filed suit for personal injury growing out of an automobile accident. The defendants were the owner and driver of the other vehicle. Personal service was effected on the owner but not on the driver. The accident occurred in West Palm Beach, Florida, and both defendants were alleged to be residents of that city. Plaintiff attempted personal service of process on the driver at his last known address. The driver no longer lived there, and the present occupant at the address stated that the driver was “unknown.” Plaintiff sought to locate the driver through the United States Postal Authorities, the telephone company, the utility company, and through other public agencies. All of these inquiries were unsuccessful. Plaintiff also sought to locate the adverse driver through discovery directed to the owner of the car. The car owner was an acquaintance of the driver and had given him permission to use the car. The owner stated under oath that the driver’s present address was the same address at which service had been previously attempted and at which the driver was unknown. After service on the Secretary of State, appellant specially appeared through counsel, contesting jurisdiction. Appellant filed a motion to quash challenging the plaintiffs affidavit of compliance, asserting that the affidavit failed “to state [a] sufficient factual basis supporting the claim that there is a concealment.” The court denied the motion and we affirm.
The motion to quash was, at best, vague. The motion gave no information whatsoever as to how the asserted defects in service could be cured; it simply alleged that plaintiff had not sufficiently proved concealment. See Over 30 Association v. Blatt, 118 So. 2d 71 (Fla. 3d DCA 1960). We do not, however, decide the case on the insufficiency of the motion. We simply conclude that the record demonstrates a sufficient search and inquiry in accordance with established precedent. See Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979). The plaintiff must reasonably employ the information available to him in a good faith effort. The trial court so found and we agree.
We, therefore, affirm the trial court’s order denying the defendant/driver’s motion to quash.
AFFIRMED.
DOWNEY, J., concurs.
ANSTEAD, J., dissents with opinion.
ANSTEAD, Judge,
dissenting:
As was the case in Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979) I do not believe the appellee made a sufficient showing that the appellant was secreting himself to justify constructive service of process. At most the appellee established that the appellant no longer resided at the same residence where appellant had resided when the incident involved in the lawsuit had occurred.
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Carlini v. State, 521 So. 2d 254 (Fla. 4th DCA 1988)…s following one another off a cliff. In Leatherwood, from which the court is now receding, I made the same follow-the-leader mistake, urging the panel to recede from its original PCA and reverse because of the following language in Bodden v. Young, 422 So. 2d 1055, 1056 (Fla. 4th DCA 1982): The motion to quash was, at best, vague. The motion gave no information whatsoever as to how the asserted defects in service could be cured; it simply alleged that plaintiff had not sufficiently proved concealment. See Ov…
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Sonia Dubois & 9060-0677 Quebec, Inc. v. Butler, 901 So. 2d 1029 (Fla. 4th DCA 2005)…ating a defendant and those that are insufficient, what was done here falls short of “an honest and conscientious effort.” Grammer, 80 So. 2d at 461. The plaintiffs argue that their attempts were similar to those of the plaintiff in Bodden v. Young, 422 So. 2d 1055 (Fla. 4th DCA 1982). In Bodden, this court found that a plaintiff had made a good faith effort at serving a defendant where the plaintiff sought to locate a driver through United States Postal authorities, the telephone company, utility company, and…
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Leatherwood v. Royal Oaks Rentals, 473 So. 2d 721 (Fla. 4th DCA 1985)…19, 1984, and reverse the order quashing service on Royal Oaks Rentals. A motion alleging a defect in personal jurisdiction should set forth sufficient facts to demonstrate the defect in service and how the defect can be cured. See Bodden v. Young, 422 So. 2d 1055, 1056 (Fla. 4th DCA 1982); Over 30 Association v. Blatt, 118 So. 2d 71 (Fla. 3d DCA 1960). We remand for further proceedings below. HERSEY and GLICKSTEIN, JJ., concur. HURLEY, J., dissents without opinion.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979)
- Baker v. Baker, 377 So. 2d 776 (Fla. 4th DCA 1979)
- Over 30 Ass'n, Inc. v. Blatt, 118 So. 2d 71 (Fla. 3d DCA 1960)