TERRY F. LEVITEN AND ALLSTATE INSURANCE COMPANY, APPELLANTS,
v.
THOMAS R. GAUNT, APPELLEE
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Florida appellate court reversed the trial court's denial of defendant's motion to quash service of process, finding the attempted substituted service under Florida Statutes sections 48.161 and 48.19 was defective for failure to present justifying facts, allege jurisdictional requirements, and meet statutory notice requirements.
Substituted service of process is invalid when the plaintiff fails to present facts justifying application of the substituted service statute, fails to allege jurisdictional requirements in the complaint, and fails to meet statutory notice requirements.
[1] Substituted service of process under Florida Statutes sections 48.161 and 48.19 is invalid when plaintiff fails to present facts justifying application of the statute, fa…
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Join FLexlaw to unlock all legal intelligenceDefendant Leviten was sued in Dade County, Florida. Service of process was attempted under Florida Statutes sections 48.161 and 48.19 using substitute…
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PER CURIAM.
By these consolidated interlocutory appeals, we are called .upon to review the propriety of an order .denying the defendant’s (Leviten) motion to quash service of process. Service was attempted under Sections 48.161, 48.19, Florida Statutes. The several complaints filed in this cause allege that the defendant (Leviten) “is a resident of the County of Dade, State of Florida”.
We reverse. The attempted service of process was defective. First, it was invalid because the plaintiff failed to present facts which justify the application of the substituted service statute. Fleischman v. Morris, 260 So. 2d 278 (Fla. 3rd D.C.A.1972). Second, the attempted substituted process was invalid because of the failure of the plaintiff to allege jurisdictional requirements in his complaint. Penn v. Ashley, 226 So. 2d 351 (Fla. 1st D.C.A.1969); Exberger v. First Florida Business Consultants, Inc., 338 So. 2d 561 (Fla. 2nd D.C.A.1976). Finally, purported substituted service was invalid due to the failure of the plaintiff to meet the notice requirements of the statutes. Lendsay v. Cotton, 123 So. 2d 745 (Fla. 3rd D.C.A.1960); Zarcone v. Lesser, 190 So. 2d 805 (Fla. 3rd D.C.A.1966); Atlas Van Lines, Inc. v. Rossmoore, 271 So. 2d 31 (Fla. 2nd D.C.A.1972).
Therefore, the order denying the defendant’s (Leviten) motion to quash service of process be and the same is hereby reversed, and the cause is remanded to the trial court for the entry of an order granting the motion to quash.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978)…t he has not evinced due diligence in endeavoring to make substituted service. We agree. In an earlier appeal by the same parties, this court held that plaintiff’s initial attempts to serve process upon Ms. Leviten were defective. Leviten v. Gaunt, 347 So. 2d 452 (Fla. 3d DCA 1977). Thereafter, Gaunt attempted to perfect service on her by serving a summons and an amended complaint on the Secretary of State, pursuant to Chapter 48, Florida Statutes [1977], and by sending a notice of service and a copy of the…
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Logan v. Vita Mora, 555 So. 2d 1267 (Fla. 3d DCA 1989)…led on or before the return day of the process. § 48.161, Fla.Stat. (1987). Failure to file a return receipt of registered or certified mail is fatal to valid service of process. Bejar v. Garcia, 354 So. 2d 964 (Fla. 3d DCA 1978); Leviten v. Gaunt, 347 So. 2d 452 (Fla. 3d DCA 1977); Zarcone v. Lesser, 190 So. 2d 805 (Fla. 3d DCA 1966). Applying these principles, we conclude that Logan was not served in accordance with the statute. Although the Secretary of State was served, no return receipt of notice to Log…
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Yinto Bejar & State Farm Mut. Auto. Ins. Co. v. Zenaida Garcia, 354 So. 2d 964 (Fla. 3d DCA 1978)…he plaintiff Garcia did not make a proper showing that she sent as required by law a notice of service and a copy of the process to the defendant Bejar by registered or certified mail as evidenced by the defendant’s return receipt. Leviten v. Gaunt, 347 So. 2d 452 (Fla. 3d DCA 1977); Zarcone v. Lesser, 190 So. 2d 805 (Fla. 3d DCA 1966); Lendsay v. Cotton, 123 So. 2d 745 (Fla. 3d DCA 1960). Moreover, the plaintiff Garcia also failed to allege in her complaint as required by law that the defendant Bejar as the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Esberger v. First Fla. Bus. Consultants, Inc., 338 So. 2d 561 (Fla. 2d DCA 1976)
- Lendsay v. Polk F. Cotton and Betty Anne Cotton, 123 So. 2d 745 (Fla. 3d DCA 1960)
- Zarcone v. Lesser, 190 So. 2d 805 (Fla. 3d DCA 1966)
- Atlas van Lines, Inc. v. Rossmoore, 271 So. 2d 31 (Fla. 2d DCA 1972)
- Fleischman v. Morris, 260 So. 2d 278 (Fla. 3d DCA 1972)
- Urho William Penn v. Ashley, 226 So. 2d 351 (Fla. 1st DCA 1969)