EDMER TAMAYO AND MARINA TORRES DE TAMAYO, HIS WIFE, JOINTLY AND SEVERALLY, APPELLANTS,
v.
JOAN V. CABALLERO, APPELLEE
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The court held that service of process was improper because it did not comply with statutory requirements.
The Tamayos, Colombian nationals residing in Colombia, were served via their caretaker, Mr. Molina, who was not a resident of their household and spok…
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PER CURIAM.
Edmer Tamayo and his wife, Marina, appeal from the trial court’s order denying their motion to quash service of process. We find their point well-taken and reverse.
The undisputed facts are that the Tama-yos are Colombian nationals whose principal residence is Bogota, Colombia. At the time service was attempted, the Tamayos were outside the jurisdiction of the State of Florida and the United States. Service of process was obtained by serving a Mr. Molina, who was employed as the Tamayo’s caretaker/gardener. Molina was not a resident of the household and spoke no English. Deputy Leahy could not recall whom he had served; he spoke no Spanish.
Given these undisputed facts, compliance with Section 48.031, Florida Statutes (1979) was not evident. Accordingly, the order under review is reversed and this cause is remanded with directions to the trial court to enter an order quashing service of process. Hauser v. Sehiff, 341 So. 2d 531 (Fla. 3d DCA 1977).
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. Totalbank, 472 So. 2d 861 (Fla. 3d DCA 1985)…d the service was invalid. In fact, the service here parallels that in Herskowitz where this court found non-compliance with section 48.031 and, in effect, reversed an order denying a motion to quash service of process. See also Tamayo v. Caballero, 413 So. 2d 78 (Fla. 3d DCA 1982). The presumption which Totalbank attempts to rely on arises only when the return of service is regular. Klosenski v. Flaherty, 116 So. 2d 767, 769 (Fla.1959). Where, as here, the return is defective on its face, it cannot be reli…
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Smatt v. Wehnes, 413 So. 2d 103 (Fla. 3d DCA 1982)…the undisputed evidence before the trial court, we hold there was no effective service within the meaning of Section 48.-031, Florida Statutes (1979). The trial court erred in not granting the motion to quash service of process. Tamayo v. Caballero, 413 So. 2d 78 (Fla.3d DCA 1982); Hauser v. Schiff, 341 So. 2d 531 (Fla.3d DCA 1977). Accordingly, the order under review is reversed and this cause is remanded with directions to the trial court to enter an order quashing service of process. Reversed and rema…
Authorities Cited
- Hauser v. Schiff, 341 So. 2d 531 (Fla. 3d DCA 1977)