SUNBLEST PRODUCTS, INC., APPELLANT,
v.
VROOM ENTERPRISES, INC., APPELLEE
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The court reversed the trial court's judgment because service of process by publication was improper under Florida law, as the defendant's known business address was never attempted and the affidavit failed to comply with statutory requirements for constructive service.
Service of process by publication is invalid when the defendant's known address was not attempted and the affidavit does not comply with section 49.051, Florida Statutes.
[1] Service of process by publication under Florida law requires strict compliance with statutory procedures, including actual attempts at service at known addresses before r…
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Join FLexlaw to unlock all legal intelligence“The constructive service statute is strictly construed against the party who seeks to obtain service of process under it.”
Court explaining the standard for evaluating compliance with Florida's constructive service requirements.
Sunblest Products, Inc., a domestic corporation, was sued by Vroom Enterprises. The trial court entered a judgment against Sunblest based on service o…
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ORFINGER, Judge.
We reverse the order denying appellant’s motion for relief from judgment because it is clear from the record before us that the trial court did not have in personam jurisdiction over the appellant. Even if appellee is correct in its assertion that a money judgment can be obtained against a domestic corporation based on service of process by publication when no officers, directors or other agents of the corporation can be found within the state, an issue we need not decide here,1 the appellee did not comply with the requirements of section 49.051, Florida Statutes (1985) when its sworn statement recited that after diligent search and inquiry the place of residence of the persons upon whom service of process could be made was unknown. The record reveals that no service was attempted at Sunblest’s Orlando address shown in the agreement upon which this action was based, nor was any inquiry made at this address or at another address known to appellee where information as to the location of the sole corporate director of Sunblest could have been obtained. The constructive service statute is strictly construed against the party who seeks to obtain service of process under it. Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982).
REVERSED.
SHARP and COWART, JJ., concur. . But see Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla.1986); Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982). Cf. Day-Tona Seabreeze, Inc. v. Thunderbird Operating Corp., 207 So. 2d 59 (Fla. 1st DCA 1968).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Floyd v. Fed. Nat'l Mortg. Ass'n, 704 So. 2d 1110 (Fla. 5th DCA 1998)…mpliance with constructive service statutes is required. Tindal v. Varner, 667 So. 2d 890 (Fla. 2d DCA 1996); Gans v. Heathgate-Sunflower Homeowners Ass’n, Inc., 593 So. 2d 549 (Fla. 4th DCA 1992); Sunblest Products, Inc. v. Vroom Enterprises, Inc., 508 So. 2d 770 (Fla. 5th DCA 1987). Failure to strictly comply renders a subsequent judgment voidable. Tindal; Demars, 625 So. 2d at 1221. If service of process is so defective that it amounts to no notice of the proceedings, the judgment is void. Cohen v. Drucker…
Authorities Cited
- Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)
- Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982)
- Day-Tona Seabreeze, Inc. v. Thunderbird Operating Corp., 207 So. 2d 59 (Fla. 1st DCA 1968)