ABDALA ALHUSSAIN, APPELLANT,
v.
MATTHEW SYLVIA, MICHAEL SYLVIA, WILLIAM J. SYLVIA, SILCO INVESTMENTS, L.C., D/B/A SUNRISE WATERSPORTS RENTALS, GERALD E. HOLMES, AMC MARINE CONSTRUCTION OF FLORIDA, SEVEN SEVEN INTERNATIONAL, INC., D/B/A USA GROCERIES, INC., EKUS & CHESS, INC., D/B/A/ MOMBASA BAY LOUNGE, BOSTON WHALER, INC. AND TELEFLEX, INC., APPELLEES
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.
Abdala Alhussain appealed an order denying his motion to quash service of process in a boating accident lawsuit. The court reversed, holding that substituted service on Florida's Secretary of State was ineffective because the complaint failed to allege the statutory prerequisites required to invoke the substituted service statute.
The court held that substituted service was ineffective because the complaint must allege the jurisdictional requirements prescribed by statute. Since the complaint failed to allege that Alhussain had become a nonresident or was concealing his whereabouts, Sylvia could not perfect substituted service under section 48.181(1).
[1] A complaint must allege the jurisdictional requirements prescribed by statute to support substituted service of process on a defendant.
[2] Failure to allege the statutory prerequisites for substituted service in the complaint warrants granting a motion to quash process.
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“in order to support substituted service of process on a defendant, the complaint must allege the jurisdictional requirements prescribed by statute. If it fails to do so, then a motion to quash process should be granted.”
Establishes the core legal requirement that complaints must plead statutory prerequisites for substituted service
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMatthew Sylvia sued Alhussain in connection with a boating accident, alleging Alhussain was a Broward County resident and homeowner responsible for a …
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 Substituted Service Of Process cases and more on FLexlaw
PER CURIAM.
Appellant, Abdala Alhussain, appeals an order that in effect denied his motion to quash service of process as it ordered him to file an answer to the complaint. We reverse because the substituted service was ineffective since the complaint failed to allege any basis for such service.
Appellee, Matthew Sylvia, sued Alhussain in connection with a boating accident. Ap-pellee alleged that Alhussain was, and is, a Broward County resident and the homeowner responsible for the placement of a dolphin piling which caused the accident. Upon having difficulty locating Alhussain, appellee successfully sought several orders permitting him to extend the time to serve Alhussain with the complaint. More than two years after filing suit, appellee substituted service on Florida’s Secretary of State, pursuant to section 48.181(1), Florida Statutes (1995).
As this court emphasized in Farouki v. Attel et Cie, 682 So. 2d 1185 (Fla. 4th DCA 1996), in order to support substituted service of process on a defendant, the complaint must allege the jurisdictional requirements prescribed by statute. If it fails to do so, then a motion to quash process should be granted. See also Wiggam v. Bamford, 562 So. 2d 389, 390 (Fla. 4th DCA 1990).
Here, appellee substituted service under section 48.181(1), which provides that Florida’s Secretary of State can accept service for any former Florida resident who previously conducted business in Florida but subsequently becomes a nonresident or any Florida resident who conceals his or her whereabouts. Appellee’s complaint alleged that Alhussain was a Florida resident and homeowner at the time of the accident. However, the complaint failed to allege, nor was it amended to allege, that Alhussain had become a nonresident or was concealing his whereabouts. Because appellee failed to plead the required statutory prerequisites or to allege the ultimate facts that invoke the statute, he could not perfect substituted service on appellant. See Farouki, 682 So. 2d at 1186; Wiggam, 562 So. 2d at 390; see also. Hodges v. Noel, 675 So. 2d 248, 249 (Fla. 4th DCA 1996).
Because of our disposition of the first issue, we need not address the remainder of appellant’s claims that the service was defective. Accordingly, we reverse the order denying appellant’s motion to quash and remand for the ease to proceed accordingly.
REVERSED and REMANDED.
GUNTHER, POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jupiter House, LLC v. Deutsche Bank Nat'l Tr. Co., 198 So. 3d 1122 (Fla. 4th DCA 2016)…fendant’s motion to quash substitute service made upon the Secretary of State. We reverse for two reasons. First, the plaintiff - failed to amend its complaint to allege the neces^ sary allegations to support substitute service. Alhussain v. Sylvia, 712 So. 2d 806 (Fla. 4th DCA -1998). Second, upon serving the Secretary of State, the plaintiff failed to comply with either sections 48.161 or 48.151, Florida Statutes (2014). We write to address the second point. The defendant is a Florida limited liability com…
-
Green Emerald Homes, LLC v. Fed. Nat'l Mortg. Ass'n ("Fannie Mae"), 224 So. 3d 799 (Fla. 2d DCA 2017)…ituted service of process on a defendant [through the Secretary of State], the complaint must allege the jurisdictional requirements prescribed by statute. If it fails to do so, then a motion to quash process should be granted.” Alhussain v. Sylvia, 712 So. 2d 806, 806 (Fla. 4th DCA 1998); see also Jupiter House, LLC v. Deutsche Bank Nat'l Tr. Co., 198 So. 3d 1122, 1123 (Fla. 4th DCA 2016) (“[T]he plaintiff failed to amend its complaint to allege the necessary allegations to support substitute service.” (citi…1 / 2
-
Mecca Multimedia, Inc. v. Kurzbard, 954 So. 2d 1179 (Fla. 3d DCA 2007)…a. 5th DCA 2003)(“In determining if personal jurisdiction is proper under the long-arm statute, the trial court must first determine whether the complaint alleges sufficient jurisdictional facts to bring it under the statute.”); Alhussain v. Sylvia, 712 So. 2d 806, 806 (Fla. 4th DCA 1998)(“[I]n order to support substituted service of process on a defendant, the complaint must allege the jurisdictional requirements prescribed by statute.”). The burden of pleading facts that support, as a matter of law, the app…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nicolette Wiggam v. Bamford, 562 So. 2d 389 (Fla. 4th DCA 1990)
- Hodges v. Jasmin Noel, 675 So. 2d 248 (Fla. 4th DCA 1996)
- Fawaz Farouki v. Attel et CIE, 682 So. 2d 1185 (Fla. 4th DCA 1996)