CHARLES BIRD, APPELLANT,
v.
INTERNATIONAL GRAPHICS, INC., APPELLEE
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.
A Florida appellate court reversed a default judgment against Charles Bird, holding that the attempted substituted service of process under Florida Statutes Section 48.181 was insufficient to establish jurisdiction because the record failed to demonstrate that Bird was concealing his whereabouts as required by statute.
The attempted substituted service was insufficient to establish jurisdiction. The failure to locate the defendant at three addresses and the issuance of three unexecuted summonses do not establish that the defendant was concealing his whereabouts as required by statute, and the record contained no affidavit or other evidence showing that sufficient search and inquiry was made to determine concealment.
[1] Substituted service of process requires the party seeking it to present facts that clearly justify the statute's applicability.
[2] The failure of process servers to locate a defendant at multiple addresses is insufficient, on its own, to establish that the defendant was concealing their whereabouts f…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“One seeking to effect substituted service of process has the burden of presenting facts which clearly justify the applicability of the statute.”
Establishes the burden of proof required to justify substituted service under Section 48.181
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceInternational Graphics, Inc. sued Charles Bird for a balance due on an open account. Three separate summonses were issued at different Dade County add…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Concealment Of Whereabouts cases and more on FLexlaw
PEARSON, Judge.
The question presented by this appeal is whether the attempted substituted service of the plaintiff/appellee upon the defendant/appellant, pursuant to Section 48.181, Florida Statutes (1977), was sufficient to secure jurisdiction of the defendant. We hold that the service was not sufficient and reverse the judgment.
The plaintiff, International Graphics, Inc., sued the defendant for the balance due on an open account. Summons was issued for the individual defendant, Charles Bird, at an address in Dade County, Florida. The summons was returned unexecuted with the notation, “moved per manager.” Alias summons was issued for service at a different address in Dade County. The return on the alias summons showed no service, with a notation, “no longer at this address as per Lianes Sound Studio.” Pluries summons was issued and returned unexecuted by an individual who is not shown to have been appointed by the court. Another summons was issued with directions to serve the Secretary of State as the defendant’s statutory resident agent, pursuant to Sections 48.181 and 48.161, Florida Statutes (1977).
The Secretary of State accepted service. A motion for default was filed and although no default was entered, a final judgment was entered against the defendant. Within ten days, the defendant moved to vacate the judgment upon the ground that he had not been served with process. Defendant’s motion was denied and this appeal is from that order. Appellant urges that no ground for substituted service under the statute appears in the record. Appellee urges that the issuance of three summonses, all of which were returned unserved, is sufficient to show that defendant was concealing his whereabouts as set forth as a basis for substituted service in Section 48.181, Florida Statutes (1977).
One seeking to effect substituted service of process has the burden of presenting facts which clearly justify the applicability of the statute. AB CTC v. Morejon, 324 So. 2d 625 (Fla.1975). The failure of the sheriff and a process service to locate the defendant at three addresses furnished by the plaintiff is not enough to establish concealment. The record does not show by affidavit or otherwise that sufficient search and inquiry was actually made to ascertain that the defendant was concealing his whereabouts. Cf. Fleischman v. Morris, 260 So. 2d 278 (Fla. 3d DCA 1972).
Therefore, the order denying defendant’s motion to vacate the final judgment is reversed, and the cause is remanded for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979)…ge that appellant Robinson did not reside at the 533 address, on six or seven occasions took some action, the success of which was predicated upon appellant Robinson’s continued residence at the 533 address. In Bird v. International Graphics, Inc., 362 So. 2d 316, 317 (Fla. 3rd DCA 1978), addressing this issue, the court said: One seeking to effect substituted service of process has the burden of presenting facts which clearly justify the applicability of the statute. AB CTC v. Morejon, 324 So. 2d 625 (Fla.…
-
Knabb v. Morris, 492 So. 2d 839 (Fla. 5th DCA 1986)…to make that showing was on the plaintiff. See AB CTC v. Morejon, 324 So. 2d 625 (Fla.1975); Barriat v. Salahud-din, 389 So. 2d 1216 (Fla. 3d DCA 1980); Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979); Bird v. International Graphics, Inc., 362 So. 2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Fleischman v. Morris, 260 So. 2d 278 (Fla. 3d DCA 1972). There is a strong public policy interest in seeing that a defendant receives notice of any actions against him so that…
-
Redfield Invs. v. Vill. OF Pinecrest, 990 So. 2d 1135 (Fla. 3d DCA 2008)…e of the alternative classes of persons designated for service of process can be found within this state or that they are concealing themselves.”); Robinson v. Cornelius, 377 So. 2d 776, 778 (Fla. 4th DCA 1979) (quoting Bird v. Int’l Graphics, Inc., 362 So. 2d 316, 317 (Fla. 3d DCA 1978)) (“One seeking to effect substituted service of process has the burden of presenting facts which clearly justify the applicability of the statute.”). Finally, we note that many of the averments in the sworn statement submitte…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- AB CTC v. Morejon, 324 So. 2d 625 (Fla. 1975)
- Fleischman v. Morris, 260 So. 2d 278 (Fla. 3d DCA 1972)