GREEN EMERALD HOMES LLC, APPELLANT,
v.
GREEN TREE SERVICING LLC, ARMANDO HENRIQUES DIOGO, ANA E. AGUASANA, EDITH AGUAS, DIONICIA STELLA DIOGO, UNKNOWN SPOUSE OF ANA E. AGUAS, A/K/A ANA EDITH AGUAS, BOCA GARDENS HOMEOWNERS ASSOCIATION, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMNET MORTGAGE, INC., D/B/A AMERICAN MORTGAGE NETWORK OF FLORIDA; UNKNOWN TENANT #1 N/K/A JOSE INGLES, UNKNOWN TENANT #2, APPELLEES

Fla. 4th DCA | 2017-11-15
No. 4D17-983
Warner, Conner and Forst, JJ., concur.
230 So. 3d 607 Florida District Court of Appeal, Fourth District (2017) Caution
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Green Emerald Homes LLC appealed the denial of its motion to quash service of process in a mortgage foreclosure action. The court reversed, holding that the plaintiff failed to allege required jurisdictional grounds for substitute service on the LLC through the Secretary of State and failed to comply with statutory notice requirements.


Holding

The court reversed, holding that substitute service was improper because: (1) the complaint failed to allege either of the two required jurisdictional grounds under section 48.181(1)—that the defendant was concealing its whereabouts or had previously conducted business in Florida but became a nonresident; and (2) the plaintiff failed to comply with section 48.161(1) notice requirements by failing to send certified/registered mail notice, file the return receipt, and file an affidavit of compliance.


Headnotes

[1] A complaint seeking substitute service on the Secretary of State must allege that the defendant is concealing their whereabouts or has ceased to be a Florida resident aft…

[2] A plaintiff attempting substitute service on a limited liability company through the Secretary of State must first demonstrate reasonably diligent efforts to serve the co…

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Key Quotes

“In order to perfect substitute service through the Secretary of State, the complaint must allege one of two jurisdictional grounds provided under section 48.181(1).”

Establishes the first requirement for valid substitute service—alleging specific jurisdictional grounds in the complaint

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Facts & Procedural History

Green Tree Servicing LLC filed a mortgage foreclosure action against Green Emerald Homes LLC and other defendants. GTS attempted to serve Green Emeral…

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Opinion of the Court
Per Curiam.

Per Curiam.

Green Emerald Homes, LLC, (“Green Emerald”) appeals the denial of its motion to quash service of process and vacate the cleyk’s default in the underlying mortgage foreclosure action. The plaintiff below, Green Tree Servicing, LLC, (“GTS”) attempted to serve Green Emerald through substitute service on the Secretary of State pursuant to section 48.181(1), Florida Statutes (2016). We reverse for two reasons. First, GTS failed to allege the requisite jurisdictional grounds for-substitute service provided under' section 48.181(1). Second, GTS failed to comply with the notice requirements under -section 48,161(1), Florida Statutes (2016).

Section 48.062(3), Florida ■ Statutes (2016), authorizes substitute service on a limited liability company’ (“LLC”) through the Secretary of State if the plaintiff has already made reasonably diligent efforts to serve the LLC under sections 48.062(1) and (2). Jupiter House, LLC v. Deutsche Bank Nat’l Tr. Co., 198 So.3d 1122, 1123 (Fla. 4th DCA 2016).

In order to perfect substitute service through the Secretary of State, the complaint must allege one of two jurisdictional grounds provided under section 48.181(1). Green Emerald Homes, LLC v. Fed. Nat’l Mortg. Ass’n, 224 So.3d 799, 802 (Fla. 2d DCA 2017) (citing Alhussain v. Sylvia, 712 So.2d 806, 806 (Fla. 4th DCA 1998)). Specifically, the complaint must allege that (i) the defendant is concealing his or her whereabouts or. (ii) the defendant previously conducted business in Florida, but has now become a nonresident. Id,

Furthermore, the plaintiff must also comply with section 48.161(1). Jupiter House, LLC, 198 So.3d at 1124-25. Under section 48.161(1), the plaintiff .must (i) send notice to the defendant, via certified or registered mail, that substitute service has been effected through the Secretary of State, (ii) file the return receipt from the defendant, and (iii) file an affidavit of compliance. Id. at 1123.

■■ In this case, GTS’s complaint merely alleges that Green Emerald owns the subject property, so GTS has failed to allege either of the jurisdictional grounds for substitute service provided under . section 48.181,(1). Furthermore, the record does not reflect that GTS complied with section 48.161(1) by (i) sending notice of service to Green Emerald, via certified or registered mail, (ii) filing the return receipt from Green Emerald, and (iii) filing an affidavit of compliance. Accordingly, we reverse the order denying Green Emerald’s motion to quash service of process, vacate the clerk’s default, and remand for further proceedings.

Reversed and remanded.

Warner, Conner and Forst, JJ., concur.


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Citator

Cited By

  • …y Moon, LLC - Jupiter House, LLC v. Deutsche Bank Nat’l Tr. Co., 198 So. 3d 1122 (Fla. 4th DCA 2016); Green Emerald Homes, LLC v. Nationstar Mortgage, LLC, 210 So. 3d 263 (Fla. 2d DCA 2017); and Green Emerald Homes, LLC. V. Green Tree Servicing LLC, 230 So. 3d 607, 608 (Fla. 4th DCA 2017) – to be distinguishable. These three cases involved substituted service of process on a registered entity pursuant to section 605.0017. All three cases involved domestic LLC's. Under the statute in those cases, the Secreta…

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