GLOUCESTER ENGINEERING, INC., A MASSACHUSETTS CORPORATION, APPELLANT,
v.
ERIC MENDOZA AND GRIZELLA MENDOZA, HIS WIFE, APPELLEES
GLOUCESTER ENGINEERING, INC., A MASSACHUSETTS CORPORATION, APPELLANT,
ERIC MENDOZA AND GRIZELLA MENDOZA, HIS WIFE, APPELLEES
489 So. 2d 141
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Since strict compliance with the substituted service statute is required, the order denying the motion to dismiss and to quash service of process is reversed for failure of the plaintiff to timely file the affidavit of compliance with the statute governing substituted service upon nonresidents. § 48.-161(1), Fla.Stat. (1985); Smith v. Import Birds, Inc., 461 So. 2d 1026 (Fla. 4th DCA 1985); Shiffman v. Stumpff, 445 So. 2d 1104 (Fla. 4th DCA 1984). This holding is without prejudice to the plaintiffs procuring alias process and attempting proper service thereof.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995)…tion of substituted service requires strict compliance with the statutory prerequisites because such service is an exception to personal service. See, e.g., Shiffman v. Stumpff, 445 So. 2d 1104 (Fla. 4th DCA 1984); Gloucester Eng’g, Inc. v. Mendoza, 489 So. 2d 141 (Fla. 3d DCA 1986). Here the statute has three requirements: (1) notice sent by registered or certified mail; (2) the defendant’s return receipt; and (3) the affidavit of compliance. The face of the record and affidavit demonstrate failure to comply…
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Pelycado Onroerend Goed B.V. v. Ruthenberg, 635 So. 2d 1001 (Fla. 5th DCA 1994)…ver was hired to serve process on appellants, failure to timely file an affidavit of compliance as required for substi [*1004] tute service on a nonresident defendant warrants quashing the service of process. Gloucester Engineering, Inc. v. Mendoza, 489 So. 2d 141, 142 (Fla. 3d DCA 1986); Law Offices of Evan I. Fetterman v. Inter-tel, Inc., 480 So. 2d 1382, 1386 (Fla. 4th DCA 1985). Absent strict compliance with the statutes, the trial court had no jurisdiction. Smith v. Import Birds, Inc., 461 So. 2d 1026, 1…
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Chapman v. Lottie F. Sheffield and her husband, 750 So. 2d 140 (Fla. 1st DCA 2000)…hat the defendant must be personally served. See Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995). Hence, these statutes are to be strictly construed. See Wyatt; Linn v. Kidd, 714 So. 2d 1185 (Fla. 1st DCA 1998); Gloucester Eng’g, Inc. v. Mendoza, 489 So. 2d 141 (Fla. 3d DCA 1986). The party making substituted service of process must show that the conditions exist to invoke the applicable statute and that the proce [*143] dural requirements of the statute have been met. -- In the present case, the Shef-fie…
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- Shiffman v. Stumpff, 445 So. 2d 1104 (Fla. 4th DCA 1984)
- Fleming Blackwell Cooley, III v. Cooley, 461 So. 2d 1026 (Fla. 4th DCA 1985)