JODHI VALLIAPPAN, APPELLANT,
v.
VICTOR VICENTE CRUZ, OFF-SHORE AVIATION, INC., AND SANTHY VALLIAPPAN, APPELLEES
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PER CURIAM.
We reverse an order denying Jodhi Val-liappan’s motion to set aside a default judgment. There is no proof in the record that Cruz served Valliappan with process by registered or certified mail, as required by the substituted service provisions of section 48.161, Florida Statutes. Section 48.161 allows substituted service in this matter upon a non-resident or a person concealing his whereabouts, provided the plaintiff sends notice of service and a copy of the process by registered or certified mail to the defendant, files the return receipt, and files an affidavit stating compliance. § 48.161, Fla. Stat. (2003).
The record reflects that, after serving the Secretary of State, Cruz failed to mail Valliappan a copy of the complaint and summons by registered or certified mail. Because due process requires strict compliance with the statutory requirements, we remand for further proceedings. See Monaco v. Nealon, 810 So. 2d 1084, 1085 (Fla. 4th DCA 2002); see also Wyatt v. Haese, 649 So. 2d 905, 906 (Fla. 4th DCA 1995).
All other issues raised are moot.
STONE, KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ardt v. Am's. Senior Fin. Servs., Inc., 885 So. 2d 918 (Fla. 4th DCA 2004)…ted out that plaintiff had failed to comply with section 48.161 in that it had failed to file an affidavit of compliance with the statute, and had failed to file evidence of sending notice and a copy of process by certified mail. Valliappan v. Cruz, 871 So. 2d 1035 (Fla. 4th DCA 2004). Plaintiff did not assert in the trial court, nor has it asserted here, that it did comply with our substituted service statute. We accordingly reverse the judgment as it is void. FARMER, C.J., and BERGER, WILLIAM J., Associa…
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Wise v. Warner, 932 So. 2d 591 (Fla. 5th DCA 2006)…dant to be per [*593] sonally served, due process values require strict compliance with the statutory requirements.” Monaco v. Nealon, 810 So. 2d 1084, 1085 (Fla. 4th DCA 2002) (emphasis in original) (citations omitted); see also Valliappan v. Cruz, 871 So. 2d 1035, 1036 (Fla. 4th DCA 2004); Smith, 826 So. 2d at 1078; Chapman, 750 So. 2d at 142; Wyatt v. Haese, 649 So. 2d 905, 907 (Fla. 4th DCA 1995). Courts may dispense with the filing of a postal receipt if a substituted service statute is invoked on the gro…
Authorities Cited
- Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995)
- Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002)