OTTAWA PROPERTIES 1 LLC
v.
US BANK, NA, ETC.
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Service of process on a limited liability company is defective when the plaintiff fails to file a return receipt as required by section 48.161(1), Fla. Stat., and fails to attempt service at the company's principal address or manager's address before resorting to substitute service on the Secretary of State under section 48.062, Fla. Stat.
[1] Service of process on a limited liability company must include a return receipt as required by section 48.161(1), Florida Statutes, and must include an attempt to serve a…
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Join FLexlaw to unlock all legal intelligenceOttawa Properties 1 LLC, a defendant in a foreclosure action, moved to quash service of process, arguing that U.S. Bank failed to file a required retu…
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Ottawa Properties 1 LLC, defendant titleholder in a foreclosure action, appeals a non-final order denying its motion to quash service of process. Ottawa had moved in the trial court to quash service of process on the basis that U.S. Bank failed to file a return receipt, as required by section 48.161(1), Florida Statutes, and failed to attempt service at Ottawa’s principal address or its manager’s address, pursuant to section 48.062, Florida Statutes, before effecting substitute service on the Secretary of State. Based upon U.S. Bank’s commendable confession of error, and our review of the record, we reverse the denial of the motion to quash service and remand for further proceedings.
Reversed and remanded.