MARIA TERESA TORELLI, A/K/A MARIA TERESA MERLO, APPELLANT,
v.
TRAVELERS INDEMNITY CO., AS SUBROGEE FOR SUSAN HOFFMAN, APPELLEE
PER CURIAM.
The failure of the plaintiff to follow an obvious lead to the defendant’s whereabouts, that is, to make inquiry of the defendant’s known attorney, compels us to conclude, unlike the trial court, that the plaintiff did not exercise due diligence in attempting to locate the defendant and was thus not entitled to assert that the defendant was concealing her whereabouts or was no longer a resident of Florida so as to trigger the operation of the “substituted service on non-resident motor vehicle owner” statute, Section 48.171, Florida Statutes (1985). Knabb v. Morris, 492 So. 2d 839 (Fla. 5th DCA 1986). Accordingly, the order denying the defendant’s motion to set aside the default judgment and the final judgment are reversed and the cause remanded for further proceedings.
Reversed and remanded.
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Nicolette Wiggam v. Bamford, 562 So. 2d 389 (Fla. 4th DCA 1990)…ion had occurred, the plaintiff had failed to attempt to contact these people to inquire about the defendant’s whereabouts. For this reason, the fifth district held there was a lack of “due diligence.” Similarly, in Torelli v. Travelers Indem. Co., 495 So. 2d 837 (Fla. 3d DCA 1986), the third district held that the plaintiff did not exercise due diligence in attempting to locate the defendant where he failed to make inquiry of the defendant's known attorney as to his client's whereabouts. The failure to foll…
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DOR CHA, Inc. v. Hollingsworth, 876 So. 2d 678 (Fla. 4th DCA 2004)…ates: ... the Plaintiff herein had previously filed a Quiet Title claim in Palm Beach County Court in a matter wherein Peter Cagle represented me, yet no attempt was made to locate me through Peter Cagle, Esq. See Torelli v. Travelers’ Indem. Co., 495 So. 2d 837 (Fla. 3d DCA 1986)(failure to make inquiry of defendant’s known attorney compels reversal); see also, Gmaz v. King, 238 So. 2d 511 (Fla. 2d DCA 1970)(plaintiff charged with matters of record in the prior proceedings in which she received tax deed).…
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Hanna v. Millbyer, 570 So. 2d 1087 (Fla. 3d DCA 1990)…effect personal service on the defendant at his last known address, was woefully insufficient to establish their “due diligence” or the existence of concealment, Wiggam v. Bamford, 562 So. 2d 389 (Fla. 4th DCA 1990); Torelli v. Travelers Indem. Co., 495 So. 2d 837 (Fla. 3d DCA 1986); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Lendsay v. Cotton, 123 So. 2d 745 (Fla. 3d DCA 1960); compare Fernandez v. Chamberlain, 201 So. 2d 781 (Fla. 2d DCA 1967), cert. denied, 207 So. 2d 454 (Fla. 1967); Steedman v.…
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- Knabb v. Morris, 492 So. 2d 839 (Fla. 5th DCA 1986)