HOBE SOUND INDUSTRIAL PARK, INC., A FLORIDA CORPORATION, JACK F. TOWNSEND, III, INDIVIDUALLY, AND JACK TOWNSEND, APPELLANTS,
v.
FIRST UNION NATIONAL BANK OF FLORIDA, A NATIONAL BANKING ASSOCIATION, SUCCESSOR IN INTEREST TO FLORIDA NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AND HARVEY L. LASKY, AS TRUSTEE AND INDIVIDUALLY, APPELLEES
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The court reversed an order denying a motion to quash service of process by publication because the plaintiff's affidavit for constructive service was facially insufficient under Florida law.
An affidavit for constructive service that merely documents checking court records, phone books, and hiring a process server without detailed factual support for diligent search efforts is facially insufficient.
[1] An affidavit for constructive service by publication must contain detailed factual allegations of diligent search efforts and cannot rely on conclusory statements or mini…
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Join FLexlaw to unlock all legal intelligenceAppellees sought to serve Jack F. Townsend, III individually and as resident agent through constructive service by publication. The affidavit supporti…
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STONE, Judge.
We reverse an order denying appellants’ motion to quash service of process by publication under chapter 49, Florida Statutes. The plaintiffs’ affidavit for constructive service is facially insufficient. Tulpere v. Duval Fed. Sav. & Loan Ass’n of Jacksonville, 575 So. 2d 801 (Fla. 4th DCA 1991); Wiggam v. Bamford, 562 So. 2d 389 (Fla. 4th DCA 1990); Bodden v. Young, 422 So. 2d 1055 (Fla. 4th DCA 1982). The affidavit provided only that affiant did the following as a diligent search:
(a) Checked the records of the clerk of circuit court concerning a case wherein the defendant is a party and has been unable to locate any current address for the defendant;
(b) Looked in the phone book for any pertinent listings; and
(c) Hired a private process service to locate Jack F. Townsend, III.
Affiant then stated a belief that Townsend, who appellees seek to serve individually and as resident agent, was concealing himself.
We recognize that appellees subsequently obtained affidavits reflecting additional efforts at service, supporting a claim that diligent efforts have continued to no avail. We make no determination here whether those subsequent efforts are, alone, a sufficient basis for a new affidavit for constructive service in support of any republication following remand. However, appellees are cautioned, in such event, to also consider the allegations of appellants’ counter-affidavit.
DOWNEY and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Demars v. Vill. OF Sandalwood Lakes Homeowners Ass'n, Inc., 625 So. 2d 1219 (Fla. 4th DCA 1993)…many times that proof of a few attempts at service of process are insufficient to prove diligent search. See e.g., Tulpere v. Duval Fed. Sav. & Loan Ass’n, 548 So. 2d 1190 (Fla. 4th DCA 1989); Hobe Sound Indus. Park, Inc. v. First Union Nat’l Bank, 594 So. 2d 334 (Fla. 4th DCA 1992); Robinson v. Cornelius, 377 So. 2d 776 (Fla. 4th DCA 1979). The problem in this case occurs as to whether a factually insufficient affidavit renders the judgment entered in reliance thereon absolutely void or merely voidable. It…1 / 2
Authorities Cited
- Nicolette Wiggam v. Bamford, 562 So. 2d 389 (Fla. 4th DCA 1990)
- Dillard Bodden, Jr. v. Young, 422 So. 2d 1055 (Fla. 4th DCA 1982)
- Tulpere v. Duval Fed. Sav. & Loan Ass'n OF Jacksonville, 575 So. 2d 801 (Fla. 4th DCA 1991)