GREEN EMERALD HOMES, LLC, APPELLANT,
v.
NATIONSTAR MORTGAGE, LLC, APPELLEE
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Green Emerald Homes appealed from an order denying its motion to quash service of process in a foreclosure action. The court held that while section 605.0117 authorizes service on the Florida Department of State as an agent for limited liability companies, the notice requirements of section 48.161(1) still apply, and Nationstar's failure to comply with those requirements meant valid service was not effected.
The court held that although section 605.0117 authorizes service on the Secretary of State as an agent of an LLC, a plaintiff must still comply with the notice requirements in section 48.161(1). Nationstar's failure to do so meant valid service of process was not effected.
[1] Substitute service on a limited liability company via the Department of State under section 605.0117, Florida Statutes, requires compliance with the notice provisions of…
[2] A statute authorizing substitute service on a limited liability company does not negate the requirement to provide notice to the company under chapter 48, Florida Statute…
Previewing 2 of 3 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“Although section 605.0117 authorizes service on the Secretary of State, a plaintiff must still comply with the notice requirements in section 48.161(1).”
Establishes the core holding that new LLC service provisions do not eliminate the notice requirements of chapter 48.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNationstar Mortgage attempted to serve Green Emerald Homes, an LLC, but was unable to reach the company's registered agent and managing member. Nation…
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In this foreclosure action, Green Emerald Homes, LLC, appeals from the nonfi-nal order denying its motion to quash service of process. Green Emerald argues that service was not accomplished because Nationstar Mortgage, LLC, failed to comply with the notice requirements in section 48.161(1), Florida Statutes (2014). We agree and reverse.
Nationstar was unable to serve Green Emerald’s registered agent and managing member. Consequently, Nationstar served the Florida Department of State with substitute service under section 605.0117(3), Florida Statutes (2014). Green Emerald filed a motion to quash service, contending that Nationstar was also required to mail the process through certified or registered mail, file the return receipt, and submit an affidavit of compliance, as required by section 48.161(1). In opposition, Nationstar claimed that newly enacted section 605.0117 provided an independent method of obtaining service on limited liability companies and compliance with chapter 48 was no longer required. The trial court agreed with Nationstar⅛ argument and denied the motion to quash service.
In prior years, service of process on a limited liability company was made pursuant to “chapter 48 or chapter 49, as if the limited liability company were a partnership.” § 608.463(l)(a), Fla. Stat. (repealed 2015); see, e.g., Boatfloat LLC v. Golia, 915 So.2d 288, 289 (Fla. 4th DCA 2005). “Substitute service on an LLC was not expressly authorized until the legislature enacted and amended various statutes effective January 1, 2014 and January 1, 2015.” Jupiter House, LLC v. Deutsche Bank Nat’l Tr. Co., 198 So.3d 1122, 1123 (Fla. 4th DCA 2016) (citing ch. 2013-180, §§ S, 29, Laws of Fla.); see § 605.0117(3) (“If the process, notice, or demand cannot be served on a limited liability company ..., the process, notice, or demand may be served on the department as an agent of the company.”); see also § 48.062(3) (providing that if service of process cannot be completed on a registered agent, “service of process may be effected by service upon *265the Secretary of State as agent of the limited liability company”).
Under the new statute, “[s]ervice with process, notice, or a demand on the department may be made by delivering to and leaving with the department duplicate copies of the process, notice, or demand.” § 605.0117(4). “Service is effectuated [for such purposes] on the date shown as received by the department.” § 605.0117(5). However, “none of the newly enacted LLC provisions furnish a method to communicate the substitute service upon the Secretary to the defendant.” Jupiter House, 198 So.3d at 1124. Because of this omission in chapter 605, the provisions of chapter 48 must be applied where chapter 605 is silent on the notice requirements. Id.
As the Fourth District held in Jupiter House, although section 605.0117 authorizes service on the Secretary of State, a plaintiff must still comply with the notice requirements in section 48.161(1). By failing to do so in this case, Nationstar did not effect valid service of process. Accordingly, we reverse the trial court’s order denying Emerald Green’s motion to quash service.
Reversed.
SILBERMAN and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Green Emerald Homes, LLC v. Fed. Nat'l Mortg. Ass'n ("Fannie Mae"), 224 So. 3d 799 (Fla. 2d DCA 2017)…of service of process. Indeed, on a closely related issue, this court found that section 605.0117 did not create a new, independent method of effecting substitute service on a defendant. See Green Emerald Homes, LLC v. Nationstar Mortg., [*803] LLC, 210 So. 3d 263, 264-65 (Fla. 2d DCA 2017). Rather, this court agreed that a plaintiff was still required to comply with the notice requirements in section 48.161. Id. at 265 (citing Jupiter House, 198 So. 3d at 1124). Finally, although neither party brought it to…
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Magnolia Court, LLC v. Moon, LLC (Fla. 3d DCA 2019)…arding the service.” § 605.0117(6), Fla. Stat. (2018). In addition, we find the cases cited by Moon, LLC - Jupiter House, LLC v. Deutsche Bank Nat’l Tr. Co., 198 So. 3d 1122 (Fla. 4th DCA 2016); Green Emerald Homes, LLC v. Nationstar Mortgage, LLC, 210 So. 3d 263 (Fla. 2d DCA 2017); and Green Emerald Homes, LLC. V. Green Tree Servicing LLC, 230 So. 3d 607, 608 (Fla. 4th DCA 2017) – to be distinguishable. These three cases involved substituted service of process on a registered entity pursuant to section 605…
Authorities Cited
- Jupiter House, LLC v. Deutsche Bank Nat'l Tr. Co., 198 So. 3d 1122 (Fla. 4th DCA 2016)
- Boatfloat® LLC v. John Golia, M.D., 915 So. 2d 288 (Fla. 4th DCA 2005)