COLONIAL VAN LINES INC.

v.

AAA COLONIAL VAN LINES, INC.

12 at 1-2.) Thus, the Court finds that Counsel was properly served as an individual pursuant to both Rule 4(e)(2)(B) and Florida Statute § 48.031(1)(a). The Court now turns to whether proper service was effectuated on corporate defendant AAA Colonial. Under the Federal Rules of Civil Procedure, a corporate defendant may be served by: delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and if the agent is one authorized by statute and the statute so requires by also mailing a copy of each to the defendant[.] Fed. R. Civ. P. 4(h)(1)(B). A corporate defendant may also be served by "following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made[.]” Fed. R. Civ. P. 4(h)(1)(A), 4(e)(1). Florida law requires process to be served on a corporation by serving any one of the following persons: (a) the president, vice president or other corporate head; (b) the cashier, treasurer, secretary, or general manager; (c) any corporate director; (d) any officer or business agent residing in Florida; (e) or an agent designated by the corporation under Florida Statutes § 48.091. See Fla. Stat. § 48.081. Alternatively, if service cannot be made under § 48.091, “service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent." Fla. Stat. § 48.081(3)(a). According to Florida's Division of Corporations, the registered agent for Defendant AAA Colonial is Jeff O. Counsel, with a registered address of 2 Main Street Port Orange, FL 32127¹. AAA Colonial's Articles of Incorporation list Jeff O. Counsel as an officer and director. (Id.) The Affidavit of Service shows that Plaintiff made a [fn 1]: Detail by Entity Name of AAA Colonial Van Lines, Inc., Division of Corporations, an Official State of Florida Website, https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquiryty pe=EntityName&directionType=Initial&searchNameOrder=AAACOLONIALVA NLINES%20P070001347750&aggregateId=domp-p07000134775-012b2f42-1b5c- (last visited Aug. 26, 2024). good faith attempt to serve the registered agent at the registered address on February 19, 2024, at 11:53p.m., but Counsel was not present at the designated time and place as required by the Florida Statutes. (Doc. 12 at 3-4; Fla. Stat. § 48.091(3) (requiring, in part, that a domestic corporation “keep the designated registered office open from at least 10 a.m. to 12 noon each day except Saturdays, Sundays, and legal holidays").) In the Motion, Plaintiff contends that service was effectuated on AAA Colonial pursuant to Federal Rule of Civil Procedure 4(h)(1)(B) and Florida Statutes § 48.081(3)(a) because Plaintiff served AAA Colonial's registered agent and officer Counsel by serving Counsel's co-resident at Counsel's confirmed residential address. (Doc. 20 at 4–5; Doc. 12 at 3-4.) But Plaintiff has failed to establish that service on AAA Colonial was proper. Here, Plaintiff did not serve AAA Colonial's registered agent. Instead, Plaintiff served the registered agent's adult co-resident, Sandra T., at the registered agent's residential address. (Doc. 12 at 3–4.) Because Plaintiff did not serve AAA Colonial's registered agent and officer Counsel, Plaintiff failed to properly effectuate service pursuant to the Federal Rules of Civil Procedure. Proper service on a corporation under Florida Statutes § 48.081 requires, in pertinent part, that service be made on any officer or business agent residing in Florida, an agent designated by the corporation under Florida Statutes § 48.091, or an employee at the corporation's principal place of business, or on any employee of the registered agent, if service cannot be made under § 48.091. Fla. Stat. § 48.081. Since Plaintiff did not serve Counsel, AAA Colonial's registered agent and officer, but rather served the registered agent's adult co-resident, who has not been established as the registered agent's employee, Plaintiff failed to properly effectuate service pursuant to Florida law. Because the Court must interpret service statutes strictly, Plaintiff has not provided sufficient evidence, at this stage, to obtain a clerk's default as to corporate defendant AAA Colonial. Perez v. Daniella's ALF LLC, No. 8:21-CV-714-СЕН-СРТ, 2022 WL 4182547, at *3 (M.D. Fla. Sept. 13, 2022). Thus, the Court will deny the Motion for entry of default against AAA Colonial without prejudice, and Plaintiff may renew its motion against AAA Colonial with supporting documentation to establish that service was properly effectuated. IV. CONCLUSION Accordingly, it is ORDERED as follows: 1. The Motion (Doc. 20) is GRANTED in part and DENIED in part. 2. The Motion is GRANTED as to Defendant Jeff O. Counsel. The Clerk is DIRECTED to enter default against Defendant Jeff O. Counsel. 3. The Motion is DENIED without prejudice as to AAA Colonial Van Lines, Inc. On or before September 27, 2024, Plaintiff may file a renewed motion in accordance with this Order, or, alternatively, may re- serve AAA Colonial Van Lines, Inc. DONE and ORDERED in Orlando, Florida on September 3, 2024. EMBRY J. KIDD UNITED STATES MAGISTRATE JUDGE