HASKELL M. LIBERMAN AND LEATRICE LIBERMAN, APPELLANTS,
v.
COMMERCIAL NATIONAL BANK OF BROWARD COUNTY, A NATIONAL BANKING ASSOCIATION, APPELLEE
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Personal service on a party evading process by leaving papers in a mailbox is perfected under F.S. section 48.031. Substituted service on a spouse is not perfected under these facts.
The defendant husband evaded service by running into his house. The process server left the papers in the mailbox, which the husband retrieved. The wi…
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By interlocutory appeal appellants seek review of an order denying their motion to quash service of process upon them.
Evidence was presented from which the trial court could find that Mr. Liberman sought to avoid service of process by the expedient of running into his house and closing the door upon seeing the process server approach, somewhat similar to the conduct of Mr. Haney in the case of Haney v. Olin Corp., Fla.App.1971, 245 So.2d 671. *64The process server (a deputy sheriff) testified that, being thus frustrated by Mr. Liberman’s conduct, he then left the copy of process and suit papers in the mail box, drove his car around the block and parked where he could observe the Liberman residence. Shortly thereafter, he observed Mr. Liberman come out of the house, go to the mail box, remove the papers therefrom, and return to the house.
While this approaches outer limits, we conclude on the basis of our decision in the Haney case, supra, that personal service on Mr. Liberman was perfected under F.S. section 48.031, F.S.A. Obviously, there was no personal service on his wife, appellant Leatrice Liberman, and the facts which we have related would not support substituted service upon her. Olin Corp. v. Haney, Fla.App.1971, 245 So.2d 669.
The order is affirmed as to appellant Haskell M. Liberman, and reversed as to appellant Leatrice Liberman.
REED, C. J., and CROSS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Schupak v. Sutton Hill Assocs. & Jesson, Inc., 710 So. 2d 707 (Fla. 4th DCA 1998)…obby is insufficient service. See also Cullimore v. Barnett Bank of Jacksonville, 386 So. 2d 894 (Fla. 1st DCA 1980). Sutton cites Dowd Shipping, Inc. v. Lee, 354 So. 2d 1252 (Fla. 4th DCA 1978); Liberman v. Commercial Nat’l Bank of Broward County, 256 So. 2d 63 (Fla. 4th DCA 1971); and Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971), as authority for the proposition that there are recognized exceptions to the statutory service requirements where a defendant attempts to evade service of process. The…
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Henzel v. Isabella Noel, 598 So. 2d 220 (Fla. 5th DCA 1992)…the process server leaves the papers at a place from which the person may easily retrieve them and takes reasonable steps to call such delivery to the attention of the person to be served. In Liberman v. Commercial National Bank of Broward County, 256 So. 2d 63 (Fla. 4th DCA1971), Liberman ran into his house and closed the door after seeing the process server, a deputy sheriff. The deputy left the copy of process and suit papers in Liberman’s mailbox, drove around the block and parked down the street. He o…
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Boatfloat, LLC v. Cent. Transp. Int'l, Inc., 941 So. 2d 1271 (Fla. 4th DCA 2006)…e absence of strict compliance, where a defendant seeks to evade service. Central Transport cites three cases for this proposition: Dowd Shipping, Inc. v. Lee, 354 So. 2d 1252 (Fla. 4th DCA 1978); Liberman v. Commercial Nat’l Bank of Broward County, 256 So. 2d 63 (Fla. 4th DCA 1971); and Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971). In Lee, a deputy sheriff went to a residence to effect service on a husband and wife. He was unable to gain access to the house because an outer gate was locked. The…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haney v. Olin Corp., 245 So. 2d 671 (Fla. 4th DCA 1971)
- Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971)