DE ARMAND L. HULL, APPELLANT,
v.
THE LENDING HOUSE, INC., APPELLEE
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De Armand L. Hull appeals from a trial court order denying his motion to vacate a default. We treat this as an appeal from a non-final order determining jurisdiction of the person, see Fla. R.App. P. 9.130(a)(3)(C)(i); Aventura Beach Club Condo. Ass’n v. Blaustein, 997 So.2d 1185 (Fla. 3d DCA 2008); Palamara v. World Class Yachts, Inc., 824 So.2d 194 (Fla. 4th DCA 2002), and affirm.
There is record evidence to support the trial court’s conclusion that substitute service on defendant Hull was appropriate. §§ 49.021, .031, .041, Fla. Stat. (2008). There was evidence that the defendant’s residence was inaccessible and that, despite several attempts, the process server could not gain access to the property by any reasonable means to serve the papers personally. There was no direct access from the street to the property.
*405Finding no abuse of discretion in the trial court’s order denying Hull’s motion to vacate, that order is hereby affirmed.
Affirmed.
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Citator
Cited By
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Epstein v. Brunel, 271 So. 3d 1173 (Fla. 3d DCA 2019)…rvice pursuant to section 48.181(1), which allows for substitute service on residents who conceal their whereabouts, was proper where plaintiff made a showing of diligent inquiry to ascertain defendant’s whereabouts); Hull v. Lending House, Inc., 19 So. 3d 404 (Fla. 3d DCA 2009) (finding record evidence that service of process by publication pursuant to section 49.021 was appropriate because defendant’s residence was inaccessible and the process server could not gain access by any reasonable means). I…
Authorities Cited
- Palamara v. World Class Yachts, Inc., 824 So. 2d 194 (Fla. 4th DCA 2002)
- Aventura Beach Club Condo. Ass'n, Inc. v. Blaustein, 997 So. 2d 1185 (Fla. 3d DCA 2008)