MERCY LU ENTERPRISES, INC., APPELLANT,
v.
LIBERTY MUTUAL INSURANCE COMPANY, APPELLEE
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Mercy Lu Enterprises appealed a default judgment against it, challenging the trial court's authority based on improper service of process. The appellate court reversed, finding that service pursuant to Florida's substituted service statute was defective because the mailing address used had no connection to the defendant and ignored the correct addresses on file with the Secretary of State.
Service was not properly perfected because Liberty Mutual failed to comply strictly with the statutory requirements by mailing notice to the Weston Road address, which had no connection to Mercy Lu and was not the address on file with the Secretary of State. Consequently, the trial court lacked jurisdiction over Mercy Lu, and the default judgment was void.
[1] Strict compliance with statutory requirements is necessary for the perfection of substituted service of process.
[2] Due process requires that a defendant receive notice of an action filed against them.
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Join FLexlaw to unlock all legal intelligence“Perfection of substituted service under section 48.161 requires strict compliance with the statutory requirements.”
Establishes the stringent standard for substituted service compliance
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Join FLexlaw to unlock all legal intelligenceLiberty Mutual sued Mercy Lu Enterprises to recover $36,039. A process server attempted service at 3 Weston Road in Ft. Lauderdale (where Mercy Lu no …
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GROSS, Judge.
This is an appeal from an order denying appellant’s motion to set aside a final judgment and quash service of process.
Appellee, Liberty Mutual Insurance Company, filed a complaint against appellant Mercy Lu Enterprises, Inc. to recover $36,-039.00. On July 7, 1994, a process server attempted to serve the corporation at 3 Weston Road in Ft. Lauderdale, where he was informed that Mercy Lu was no longer at that address. A different entity transacted business there. The process server next attempted service on Mercy Lu’s president and registered agent, Fernando Alvarez, at his residence in Coral Gables. A maid informed him that Alvarez and his wife were out of town.
Liberty Mutual filed an amended complaint on August 3, 1994, with the additional allegation that Mercy Lu was concealing its whereabouts. The insurance company then effected service pursuant to section 48.181, Florida Statutes (1993), which authorizes service of process on the Secretary of State as. the agent for a resident who conceals his whereabouts. To comply with section 48.161, Florida Statutes (1993), Liberty Mutual’s attorney sent the notice of service and a copy of the process by certified mail to Mercy Lu at the Weston Road address. The return receipt shows an unidentified signature. Liberty Mutual obtained a default final judgment against Mercy Lu on September 22, 1994.
In May, 1995, Mercy Lu moved to vacate the default final judgment and quash service of process. It asserted that it had not received notice of the suit and that it had recently become aware of the judgment when advised of a title defect. In July and August, 1994, the records of the Secretary of State listed Mercy Lu’s principal place of business as 7850 N.W. 146th Street, Suite 514, Miami Lakes, Florida. The state’s records showed the Alvarez residence as the address for the president, secretary, treasurer, and registered agent for Mercy Lu.
Perfection of substituted service under section 48.161 requires strict compliance with the statutory requirements. Wyatt v. Haese, 649 So. 2d 905, 907 (Fla. 4th DCA 1995). Due process values form the policy behind this stringency, to ensure that a defendant receives notice of an action against him. Id.;, Knabb v. Morris, 492 So. 2d 839, 841 (Fla. 5th DCA 1986). The problem with the notice mailed in this case is that there is nothing in the record that shows any connection between the Weston Road address and Mercy Lu. Green v. Nashner, 216 So. 2d 492, 493 (Fla. 3d DCA 1968). Ignoring the addresses contained in the corporate records on file with the Secretary of State, Liberty Mutual chose a location for the section 48.161 mailing which was unlikely to result in actual notice to the defendant. Because service of process was not perfected, the trial court did not obtain jurisdiction over Mercy Lu. Wyatt, 649 So. 2d at 907.
Reversed and remanded with directions to vacate the final judgment and quash service of process.
GLICKSTEIN and POLEN, JJ., concur.
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Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002)…el et Cie, 682 So. 2d 1185, 1186 (Fla. 4th DCA 1996), and 2) the service must strictly comply with section 48.161, Florida Statutes (2000), which sets forth the method of substituted service of process. See Mercy Lu Enters, v. Liberty Mut. Ins. Co., 681 So. 2d 758, 759 (Fla. 4th DCA 1996). Because the statute allowing substituted service is an exception to the general rule requiring a defendant to be personally served, due process values require strict compliance with the statutory requirements. Id.; see also…
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Torres v. Arnco Constr., Inc., 867 So. 2d 583 (Fla. 5th DCA 2004)…to the general rule requiring a defendant to be served personally, due process requires strict compliance with their statutory requirements. See Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002); Mercy Lu Enters., Inc. v. Liberty Mut. Ins. Co., 681 So. 2d 758 (Fla. 4th DCA 1996). The statute governing the present case is section 48.031(l)(a), Florida Statutes (2002), reads in pertinent part: Service of original process is made by delivering a copy of it to the person to be served with a copy of the com…
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Cason v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005)…he general rule requiring a defendant to be served personally, due process requires strict compliance with their statutory requirements”) (citing Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002); Mercy Lu Enters., Inc. v. Liberty Mut. Ins. Co., 681 So. 2d 758 (Fla. 4th DCA 1996)); see also Shurman v. Atlantic Mortgage & Inv. Corp., 795 So. 2d 952, 954 (Fla.2001) (“Section 48.031 expressly requires that substituted service be at the person’s ‘usual place of abode.’ ”). Accordingly, because Sarah was not…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995)
- Green v. Eugenie Nashner, 216 So. 2d 492 (Fla. 3d DCA 1968)
- Knabb v. Morris, 492 So. 2d 839 (Fla. 5th DCA 1986)