The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . We do not reach defendants' arguments that plaintiff failed to comply with section 48.161's technical . . .
. . . of section 48.171 and had also failed to comply with the separate procedural requirements of section 48.161 . . . Second, the service must strictly comply with section 48.161, which sets forth the method of substituted . . . , it is unnecessary for us to address whether the procedural requirements for service under section 48.161 . . .
. . . Id, Furthermore, the plaintiff must also comply with section 48.161(1). . . . Under section 48.161(1), the plaintiff .must (i) send notice to the defendant, via certified or registered . . . Furthermore, the record does not reflect that GTS complied with section 48.161(1) by (i) sending notice . . .
. . . court agreed that a plaintiff was still required to comply with the notice requirements in section 48.161 . . .
. . . accomplished because Nationstar Mortgage, LLC, failed to comply with the notice requirements in section 48.161 . . . registered mail, file the return receipt, and submit an affidavit of compliance, as required by section 48.161 . . . service on the Secretary of State, a plaintiff must still comply with the notice requirements in section 48.161 . . .
. . . to pursue substitute service of process on the Secretary of State pursuant to sections 48.062(3) and 48.161 . . . the substituted service was ineffective because PNC failed to comply with the requirements of section 48.161 . . . PNC seeks to excuse its noncompliance with the requirements of section 48.161(1) by relying upon Alvarado-Fernandez . . .
. . . Second, upon serving the Secretary of State, the plaintiff failed to comply with either sections 48.161 . . . Regarding the second point, we hold that the plaintiff was required to comply with section 48.161. . . . Section 48.161 is the general substitute service statute applicable to nonresidents or those concealing . . . When substituted service is made under section 48.181,the requirements of section 48.161 also apply. . . . Second, the plaintiff failed to comply with section 48.161, applicable through section 48.181. . . .
. . . excusable neglect for the failure to serve within that time period nor has the Plaintiff complied with § 48.161 . . .
. . . Complaint on Defendant by serving the Secretary of State in accordance with the provisions of section 48.161 . . . This would include service according to sections 48.161 and 48.181, Florida Statutes, because the Hague . . . The method for effecting substitute process on parties is outlined in sections 48.161, 48.171 and 48.181 . . . Section 48.161 requires substituted service be evidenced by: (1) registered or certified mailing to the . . . Pursuant to section 48.161, “the affidavit of the plaintiff or his or her attorney of compliance shall . . .
. . . Appellant claims that service should have been perfected pursuant to sections 48.181 and 48.161, Florida . . . Section 48.161(1), Florida Statutes, provides that substituted service on a nonresident shall be made . . . had two choices to perfect service on Appellant — either perfect substituted service under section 48.161 . . . service and a copy of the process” to Appellant by certified or registered mail, as required by section 48.161 . . .
. . . trial court properly upheld substituted service of initial process on Crystal Springs under section 48.161 . . . Strict compliance with the requirements of section 48.161(1) is mandatory for substituted service to . . .
. . . . §§ 48.031, 48.161, 48.193(3), 48.194(1); Reef Clematis LLC v. . . .
. . . The substitute service statute requires an affidavit from the plaintiff: 48.161 Method of substituted . . . receipt and the affidavit of the plaintiff or his or her attorney of compliance shall be filed.... § 48.161 . . .
. . . Section 48.161 of the Florida Statutes delineates the proper method for achieving substituted service . . .
. . . 48.181, titled “Service on Nonresident Engaging in Business in State”, rather than Florida Statutes § 48.161 . . . Stat. § 48.161, which requires notification by registered or certified mail to the Defendant after service . . . Stat. § 48.161 in attempting long arm service of process in the instant case, but argues that there was . . . Stat. § 48.161, when he should have performed substitute service pursuant to Fla. . . . Stat. § 48.161, which required Plaintiff, after serving the Florida Secretary of State, to file proof . . .
. . . . § 48.161 and 48.181. (See D.E. 32 at 2.) . . . Stat. § 48.161 and 48.181. Analysis I. . . . Stat. §§ 48.161, 48.181. . . . Stat. § 48.161, and, accordingly, the Court grants Plaintiffs Motion. . . .
. . . not produce a return receipt for certified mail signed by the appellant in compliance with section 48.161 . . . whereabouts and avoiding service of process and is being served within the scope of Florida Statutes 48.161 . . . Second, the service must strictly comply with section 48.161, which sets forth the method of substituted . . . Under section 48.161, the plaintiff must serve the Secretary of State and mail a copy of the summons . . . “Section 48.161, Florida Statutes, requires that the process be sent to the defendant via certified or . . .
. . . complaint, which stated the necessary requirements for substituted service in compliance with sections 48.161 . . .
. . . An attention to detail and questioned compliance with the requirements of section 48.161, Florida Statutes . . . trial court erred in denying his motion to quash service of process for noncompliance with section 48.161 . . . complaint further alleged that the plaintiff conducted a diligent search; and that pursuant to section 48.161 . . . Id.; § 48.161(1). . . . Davis, 251 So.2d 842, 343-44 (Fla. 3d DCA 1971) (finding that section 48.161 was not complied with when . . .
. . . See § 48.161(1), Fla. Stat. (2007). . . . See § 48.161(1), Fla. Stat. (2007); All Mobile Video, 773 So.2d at 589. . . . to effectuate substituted service of process on All Mobile Video pursuant to sections 48.181(1) and 48.161 . . . However, when it came time to satisfy prong two of section 48.161(1), the plaintiff chose to send the . . . The court explained that “to comply with section 48.161, plaintiffs who seek to employ substituted service . . .
. . . Stat. § 48.161, entitled “Method of substituted service on nonresident,” which permits service upon the . . . Stat. § 48.161. Because Fla. . . . . § 48.161 requires “the transmittal of documents abroad,” under Schlunk, the Hague Convention applies . . . Stat. §§ 48.181 and 48.161); McClenon v. . . . Stat. § 48.161. . . .
. . . We conclude that service of process was properly accomplished in accordance with sections 48.161 and . . .
. . . Stat., and substitute service under §§ 48.161 and 48.181, Fla. Stat. (Doc. 7, pp. 5-11). A. . . . discussed below, the plaintiff properly effected substitute service upon the defendant pursuant to §§ 48.161 . . . The plaintiff contends that it effected service upon the defendant in accordance with §§ 48.161 and 48.181 . . . travel.state. gov.Aaw/info/judicial, the plaintiff contends that service of process by mail pursuant to §§ 48.161 . . . not object, I find that the plaintiffs service of process upon the defendant in accordance with §§ 48.161 . . .
. . . Because Rita Warner did not strictly comply with the statutory requirements of section 48.161, Florida . . . Warner served the Secretary of State on behalf of Wise and filed an affidavit of compliance with section 48.161 . . . Wise argues that Warner did not strictly comply with section 48.161 because she never attempted service . . . To effect service of process under section 48.161, Florida Statutes (2004), the plaintiff must, inter . . . Graves, 374 So.2d 641 (Fla. 4th DCA 1979) ], the certified mail sent to comply with section 48.161 was . . .
. . . defendant had itself engaged in sufficient business activity in Florida for purposes, respectively, of §§ 48.161 . . .
. . . The plaintiff further contends that her Affidavit of Compliance with sections 48.171 and 48.161 and her . . . Procedural requirements for effecting substituted service are outlined in section 48.161, Florida Statutes . . . According to section 48.161, the plaintiff must serve the Secretary of State and mail notice of service . . . See § 48.161, Fla. Stat. (2001); Chapman v. Sheffield, 750 So.2d 140, 142 (Fla. 1st DCA 2000). . . .
. . . of the summons and complaint on Quebec, Inc., or the affidavit of compliance as required by section 48.161 . . .
. . . the basis of that allegation, they utilized substituted service on defendant Aronowitz under section 48.161 . . . P. 1.070(j) and § 48.161(1), Fla. Stat. (2004). . . .
. . . . §§ 48.181(1), 48.161; McClenon, 726 F.Supp. at 825. . . . In McClenon, the court explained that because Florida Statutes § 48.161 requires the sending of notice . . .
. . . In addition, defendants pointed out that plaintiff had failed to comply with section 48.161 in that it . . .
. . . process by registered or certified mail, as required by the substituted service provisions of section 48.161 . . . Section 48.161 allows substituted service in this matter upon a non-resident or a person concealing his . . . certified mail to the defendant, files the return receipt, and files an affidavit stating compliance. § 48.161 . . .
. . . the Secretary of State attempted to forward a copy of the complaint to them, as required by section 48.161 . . . substituted service requires full compliance with one of the alternative methods provided by Section 48.161 . . . Section 48.161 requires such substituted service be perfected and evidenced by either: (1) registered . . . The only argument the Department offers for not following the dictates of section 48.161 is that the . . . Whitener, 773 So.2d 587 (Fla. 1st DCA 2000): “[I]n order to comply with section 48.161, plaintiffs who . . .
. . . See § 48.161, Fla. Stat. (2002); Hodges v. Noel, 675 So.2d 248 (Fla. 4th DCA 1996). . . .
. . . Because the Lea-mans did not strictly comply with the substituted service requirements of section 48.161 . . . that the Lea-mans had conducted a diligent search and had complied with the requirements of section 48.161 . . . Section 48.161, which allows for substituted service of process on a Florida resident who is concealing . . . file the defendant’s return receipt; and (3) the plaintiff must file an affidavit of compliance. § 48.161 . . . In Turcotte, the certified mail sent to comply with section 48.161 was returned with a notation that . . .
. . . Cie, 682 So.2d 1185, 1186 (Fla. 4th DCA 1996), and 2) the service must strictly comply with section 48.161 . . . Under section 48.161, the plaintiff must serve the secretary of state designated in section 48.171 and . . . Chapman, 750 So.2d at 142; see § 48.161(1), Fla. Stat. (1999); Wyatt, 649 So.2d at 907. . . .
. . . Santiago and Flor Stella Montenegro’s attempted service of process for failure to comply with section 48.161 . . . argue that, with respect to their last amended complaint, the Montenegros failed to comply with section 48.161 . . . Section 48.161 provides, in part, When authorized by law, substituted service of process on a nonresident . . . shall be filed on or before the return day of the process or within such time as the court allows.... § 48.161 . . . Nothing stopped the Montenegros from complying with sections 48.161 and 48.171 at any point. . . .
. . . Substituted service on the Secretary was made pursuant to sections 48.161 and 48.171, Florida Statutes . . . quash service because by affidavit he made a showing that he was not amenable to service under sections 48.161 . . .
. . . Tire Group’s counsel served all of the defendants through the Secretary of State, pursuant to sections 48.161 . . . In an attempt to comply with section 48.161, counsel also sent a copy of the Secretary of State’s acceptance . . . 856 (Fla. 5th DCA 1996) (“A plaintiff may not use substituted service of process allowed by sections 48.161 . . . The same requirements apply to service of process under sections 48.161 and 48.181). . . . the notices and copies of the process into one envelope does not satisfy the requirements of section 48.161 . . .
. . . Florida, Appellees attempted to employ substituted service of process pursuant to sections 48.181 and 48.161 . . . Fire Insurance Co., 462 So.2d 561 (Fla. 3d DCA 1985), found that Appellees had complied with section 48.161 . . . See sec. 48.161(1), Fla. Stat. (1999). . . . This court has held that, in order to comply with section 48.161, plaintiffs who seek to employ substituted . . .
. . . .” § 48.161(1), Fla. Stat. (1997) (emphasis added). . . .
. . . because of the plaintiffs failure to file an appropriate affidavit of compliance as required by section 48.161 . . .
. . . The method of effecting substituted process is outlined in section 48.161, Florida Statutes. . . . Sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally . . . Section 48.161 provides in material part that the party making substituted service must file a copy of . . . In contrast, section 48.161, Florida Statutes contains no provision authorizing a representative to accept . . .
. . . Ins., 681 So.2d 758 (Fla. 4th DCA 1996); § 48.161, Fla. Stat. (1997). We agree with the appellants. . . . the court “on or before the return day of the process or within such time as the court allows,” See § 48.161 . . . orders must be reversed because plaintiff failed to comply with the strict requirements of section 48.161 . . .
. . . We also reject Lepine’s argument that the service was invalid for failure to comply with section 48.161 . . . in arguing that the service itself was invalid because the Khambatys failed to comply with section 48.161 . . . the copy of the summons filed by the Khambatys does not constitute a return of service under section 48.161 . . .
. . . . § 48.161 (1997). . . .
. . . Kidd next sought to serve the Linns by using substituted service of process pursuant to sections 48.161 . . . residence, and by failing to obtain and file a return receipt from the Linns as required by section 48.161 . . . In Wyatt, the defendant did not execute a return receipt as required by section 48.161. . . . Section 48.161 provides, in part: Method of substituted service on nonresident.— (1) When authorized . . .
. . . See § 48.161, Fla. Stat. (1995). . . . the grounds for service of process upon Waxoyl, A.G. pursuant to the above referenced sections [§§ 48.161 . . . that the law firm did not timely file its affidavit of compliance within the time required by section 48.161 . . . refusal to accept delivery excuses the filing of return receipts and further compliance with Section 48.161 . . .
. . . Instead, FIC utilized our substitute service statutes, sections 48.161 and 48.181, Florida Statutes ( . . . ■ (1) failed to meet the strict procedural requirements for substitute service provided in section 48.161 . . .
. . . service of process upon the nonresident appellant through the secretary of state, pursuant to sections 48.161 . . .
. . . . § 48.161(1), Fla.Stat. (1995); § 48.181(1), Fla.Stat. (1995); New England Rare Coin Galleries, Inc. . . .
. . . nonresidents of Florida and that service would be proper through the substituted service procedure of section 48.161 . . .
. . . . §§ 48.161, 48.171 Fla. Stat. (1995). . . . A plaintiff may not use substituted service of process allowed by sections 48.161 and 48.171 unless it . . .
. . . Kenriek, a nonresident motor vehicle operator, on the Florida Secretary of State pursuant to sections 48.161 . . . did not send Kenriek notice of service of process and a copy of the process, as required by section 48.161 . . . Section 48.161 provides that “[njotice and a copy of the process shall be sent forthwith by registered . . . of 150 days in this ease, therefore, as a matter of law, does not meet the requirements of section 48.161 . . .
. . . To comply with section 48.161, Florida Statutes (1993), Liberty Mutual’s attorney sent the notice of . . . Perfection of substituted service under section 48.161 requires strict compliance with the statutory . . . corporate records on file with the Secretary of State, Liberty Mutual chose a location for the section 48.161 . . .
. . . (i) issue, the complaint in this case did not plead the basis for substituted service under section 48.161 . . .
. . . . § 48.161, Fla.Stat. (1995); see Bodden v. Young, 422 So.2d 1055 (Fla. 4th DCA 1982); Robb v. . . .
. . . appealed to this court, and we reversed because the substituted service did not comply with section 48.161 . . .
. . . district court found that Castle Pools failed to strictly comply with the requirements of sections 48.161 . . .
. . . perfected substituted service under Fla.Stat. 48.181(1) by using the procedure set forth in Fla.Stat. 48.161 . . .
. . . . § 48.161(1), Fla. Stat. (1993). . . .
. . . to send notice of service to appellant or file an affidavit of compliance in accordance with section 48.161 . . . Section' 48.161, Florida Statutes (1989), provides in pertinent part: (1) .... . . .
. . . forth in the amended complaint were sufficient and that, therefore, substituted service under section 48.161 . . .
. . . Thereafter, the Crewses utilized section 48.161, Florida Statutes, to effect substituted service of process . . .
. . . They all agree that service was attempted pursuant to § 48.161, Florida Statutes (1991) and § 48.181, . . . Sections 48.161 and 48.-181 must be read together for service to be effective. . . . To be perfected, service must be had under one of the methods in section 48.161. P.S.R. Assocs. v. . . . To meet the requirements of section 48.161, a notice of the substituted service and a copy of the process . . . It is clear that Ruthenberg did not meet the requirements of section 48.161. . . .
. . . defendant John Green Corporation, a nonresident, by serving the Secretary of State pursuant to section 48.161 . . . Id. § 48.161(1). . . .
. . . Statutes (1991), but reverse that portion of the order which sustains the service of process under section 48.161 . . . record demonstrates plaintiffs’ failure to timely file their affidavit of compliance under section 48.161 . . .
. . . case at bar, appellee utilized substituted service to effectuate service on Arison pursuant to section 48.161 . . . Section 48.161 requires that notice of service on the secretary of state be sent to the nonresident defendant . . . the order must be reversed because appellee failed to comply with the strict requirements of section 48.161 . . .
. . . set forth in the complaint fulfill the necessary elements required to fall within the language of § 48.161 . . .
. . . requirements, including the filing of an affidavit of compliance and a notification of service, see § 48.161 . . .
. . . The trial court determined that appellees had complied with the requirements- of sections 48.161 and . . . locate the defendant, their attempts do not rise to the level of due diligence required by section 48.161 . . .
. . . Service was effected upon Global pursuant to section 48.161, Florida Statutes (1987). . . . Global further alleged that plaintiff had failed to comply with the strict mandate of section 48.161 . . .
. . . . § 48.161, which provides for substituted service of process on nonresidents. . . .
. . . grounds, and adding that the substituted service was defective for failure to comply with sections 48.161 . . . the order, Mora attached an attorney’s affidavit stating that Mora had complied fully with Section 48.161 . . . trial court was correct in quashing service because Mora did not fulfill the requirements of section 48.161 . . . Section 48.161 provides that service on a nonresident shall be made by mailing a copy of the process . . . plaintiff or his attorney of compliance shall be filed on or before the return day of the process. § 48.161 . . .
. . . Background On May 26, 1989, plaintiffs attempted to serve Nissan Ltd. with process pursuant to Sections 48.161 . . . served the Florida Secretary of State with the summons and complaint, and as provided for in Section 48.161 . . . At-, 108 S.Ct. at 2108, 100 L.Ed.2d at 731. [3] applicable Florida law here comes from Section 48.161 . . . The procedure for accomplishing service on the Secretary of State is set out in Section 48.161. . . . forthwith by registered or certified mail by the plaintiff or his attorney to the defendant____” § 48.161 . . .
. . . on the part of plaintiffs’ counsel in perfecting substituted service of process pursuant to sections 48.161 . . .
. . . .-193, but rather served the Secretary of State pursuant to section 48.161. . . .
. . . Additionally, the notice required by section 48.161, Florida Statutes, was not complied with. . . .
. . . court erred in denying WCTU’s motion to quash the service of process made in accordance with section 48.161 . . .
. . . resident of Palm Beach County; yet service was attempted by substituted service pursuant to Section 48.161 . . .
. . . against Karen Moyer Singh and sought to serve her by substituted service of process under Sections 48.161 . . . the substituted service of process on Karen Moyer Singh was properly effected below under Sections 48.161 . . .
. . . . §§ 48.161, 48.181 (1985). . . . See Plaintiff’s Attorney’s Affidavit of Compliance with Sections 48.161 and 48.-181, Florida Statutes . . . See Fla.Stat. § 48.161 (1985). . . .
. . . Iacono, 367 So.2d 275 (Fla. 3d DCA 1979); §§ 48.081, 48.161, 48.194, Fla.Stat. (1985). . . .
. . . jurisdiction over a defendant who had been served through the Secretary of State, pursuant to sections 48.161 . . .
. . . Thus, plaintiff sought to utilize sections 48.161 and 48.171, Florida Statutes (1985), which, in specified . . .
. . . failed to comply with the requirements for substituted service on a nonresident set forth in section 48.161 . . . Section 48.161, Florida Statutes (1983), requires that the affidavit of compliance be filed on or before . . . This court said: “Unless the plaintiff has strictly complied with Section 48.161, the circuit court does . . .
. . . demonstrates that the appellee failed to comply with the notice of service of process requirements of section 48.161 . . .
. . . Valles sued Ma-dor for negligence in December, 1984, serving him with process pursuant to sections 48.161 . . .
. . . In the latter situation, under Section 48.161, Florida Statutes, substituted service is in material part . . .
. . . because of appellee’s failure to comply with the notice of service of process requirement of section 48.161 . . .
. . . See § 48.161(1), Fla.Stat. (1983) (method of substituted service on nonresident). . . .
. . . statutory method of substituted service on a non-resident has not been complied with pursuant to § 48.161 . . . Unless the plaintiff has strictly complied with Section 48.161, the circuit court does not have jurisdiction . . .
. . . Lift’s first attempt to serve process was insufficient under Rule 4(i), Fed.R.Civ.P., and §§ 48.181, 48.161 . . .
. . . Both service through the Secretary of State pursuant to section 48.161 and personal service outside the . . .
. . . Ap-pellee failed to file an affidavit of compliance as required by section 48.161(1), Florida Statutes . . . Section 48.161(1) provides for substituted service upon a nonresident defendant by leaving a copy of . . . Unless the plaintiff has complied with section 48.161, the court does not have jurisdiction. . . .
. . . appealed should be affirmed upon the grounds that the service was legally sufficient under both section 48.161 . . .
. . . Appel-lee did not comply with section 48.161(1) which requires mailing by registered or certified mail . . . service under section 48.181(1), he is required to comply with one of the alternative methods in section 48.161 . . . Appellee concedes that it failed to comply with section 48.161. . . . so served is of the same validity as if served personally on the persons or foreign corporations. . 48.161 . . .
. . . appellants prepared an affidavit that substituted service had been effected in compliance with Section 48.161 . . . years later Mediscience successfully moved to set aside the final judgment, on the ground that Section 48.161 . . . Section 48.161, Florida Statutes (1981), sets forth the method of substituted service on nonresidents . . . Section 48.161 further requires the public officer authorized to receive substituted service —i.e., the . . . Thus, the trial court had satisfactory proof that prong one of the Section 48.161 procedure, service . . .
. . . concealing her whereabouts or avoiding process so as to justify substituted service pursuant to Section 48.161 . . .
. . . See Section 48.161, Florida Statutes (1981). . . .
. . . received in a Florida traffic accident, appellant was repeatedly ineffectual in satisfying sections 48.161 . . . Section 48.161(1). . . . a manner satisfactory to section 48.194, even if timing problems prevented compliance with section 48.161 . . .