MARIA COLMENARES PACHECO
v.
ALEKSANDER SAMARDJICH
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Service of process may be effected on a non-resident motor vehicle owner who conceals his whereabouts when the plaintiff demonstrates due diligence in attempting to locate the defendant, even if the defendant's address is unknown.
[1] A plaintiff may effect service of process on a non-resident motor vehicle owner whose address is unknown when the plaintiff demonstrates due diligence in attempting to lo…
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Join FLexlaw to unlock all legal intelligence“when a . . . resident [motor vehicle] owner . . . who subsequently becomes a non-resident[,] . . . accepts the privilege of the public highways of the state and is involved in an accident, he [or she] has a duty not to conceal his [or her] whereabouts and to let his [or her] whereabouts be known so that any one [sic] involved in such accident and sustaining injury or damage may come into court and seek redress.”
Fernandez v. Chamberlain, establishing the duty of non-resident motor vehicle owners not to conceal their whereabouts
Maria Colmenares Pacheco appealed a non-final order from the Circuit Court for Miami-Dade County regarding service of process on defendant Aleksander …
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PER CURIAM.
Affirmed. See Hague Convention, art. 1, 20 U.S.T. 361 (1969) (“This Convention shall not apply where the address of the person to be served with the document is not known.”); Delancy v. Tobias, 26 So. 3d 77, 79–80 (Fla. 3d DCA 2010) (finding plaintiff demonstrated requisite diligence in attempting to locate defendant where affidavit of diligent search delineated substantial “honest and conscientious” efforts to locate defendant); Fernandez v. Chamberlain, 201 So. 2d 781, 785 (Fla. 2d DCA 1967) (“[W]hen a . . . resident [motor vehicle] owner . . . who subsequently becomes a non-resident[,] . . . accepts the privilege of the public highways of the state and is involved in an accident, he [or she] has a duty not to conceal his [or her] whereabouts and to let his [or her] whereabouts be known so that any one [sic] involved in such accident and sustaining injury or damage may come into court and seek redress. If such an owner . . . conceals his [or her] whereabouts and makes it impossible for an aggrieved party to serve him [or her] with notice by registered mail as provided by the statute and such aggrieved party shows that he has used due diligence in endeavoring to make service, this will not prevent the [c]ourt from obtaining jurisdiction over such owner . . . .”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fernandez v. Evert H. Chamberlain, 201 So. 2d 781 (Fla. 2d DCA 1967)
- Delancy v. Tobias, 26 So. 3d 77 (Fla. 3d DCA 2010)