Florida/Georgia Personal Injury & Workers Compensation

...Florida statutory law provides no other methods for serving an individual; unlike some states, Florida statutes do not provide for proper service of process to be made by affixing a copy to the door of the residence and following up with a mailed copy. Compare Fla. Stat. Ann. § 48.031 (West 2011) with N.Y....

...impracticable under paragraphs one, two and four of this section”). Under Florida law, a person has the legal obligation to accept service of process when service is attempted reasonably. See Haney v. Olin Corp., 245 So. 2d 9 Fla. Stat. Ann. § 48.031(1)(a) provides that “[s]ervice of original process is made by delivering a copy of it to the person to be served . . . or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.” Fla. Stat. Ann. § 48.031(2)(a) then provides that “[s]ubstitute service may be made on the spouse of the person to be served ....

...reason for being on their property – to serve Mr. Coffin with this restraining order. At that time, Ms. Coffin 10 Also by contrast, Florida statutes allow for substitute service of other types of documents. See Fla. Stat. Ann. § 48.031 (outlining general guidelines for how to serve process). It is not clear that substitute service is sufficient for proper service of a restraining order in an action by a victim of repeat violence. 11 The dissent states th...

...Defense counsel requested a stay of the proceedings in order to file a motion for recusal, which the judge denied. The judge explained that Rodriguez had served the subpoenas on these witnesses only one day before the hearing and the witnesses rightly claimed that their attendance was an undue burden and a violation of section 48.031(4), Florida Statutes (1995), which governs service of witness subpoenas on government employees and law enforcement officers in their official capacity....

...Rodriguez made similar requests regarding six other individuals to the Florida Department of Law Enforcement and the Department of Corrections in May 1997. In fact, the record contains forty-five separate public records requests made by Rodriguez in May 1997. [12] Section 48.031(4)(a)(3), Florida Statutes (1995), provides in pertinent part that a person designated to accept service of a criminal witness subpoena for a government employee or a law enforcement officer is not required to accept service "[i]f the...

...ocess in the action and, therefore, the judgment as to his interest in the property was void. Following an evidentiary hearing on Shurman's motion, the trial court concluded that Shurman's "usual place of abode" for purposes of serving process under section 48.031, Florida Statutes (1997), was the residence where he lived with his wife prior to his incarceration and where his wife continued to reside afterward....

...Accordingly, the court held that service was valid. See id. Shurman subsequently sought discretionary review in this Court. ANALYSIS The issue presented in this case is whether Shurman was properly served at his "usual place of abode" as required under section 48.031, Florida Statutes (1997)....

...712, 10 So.2d 734, 739 (1942); Arcadia Citrus Growers Ass'n v. Hollingsworth, 135 Fla. 322, 185 So. 431, 434 (1938). In other words, the purpose of this jurisdictional scheme is to give the person affected notice of the proceedings and an opportunity to defend his rights. Section 48.031, Florida Statutes (1997), provides in pertinent part: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. § 48.031(1)(a), Fla. Stat. (1997). Section 48.031 expressly requires that substituted service be at the person's "usual place of abode." Id....

...ntation, including a telephone bill and marriage license, established defendant was not living at that address on the date of service); Milanes, 507 So.2d at 778 (noting that service of process on the residence of defendant's ex-wife did not satisfy section 48.031); Stern v....

...rvice. In this case, it is uncontroverted that Shurman was actually living in prison at the time substituted service was made on his wife at their marital residence. Thus, Shurman was not properly served at his usual place of abode as required under section 48.031(1)(a), Florida Statutes (1997)....

...I conclude that this decision should be controlled by the plain meaning of section *957 48.051, Florida Statutes, which states: "Process against a state prisoner shall be served on the prisoner." I would read this to mean that process should be served on the prisoner at the prison. I do not believe reliance on section 48.031(1)(a), Florida Statutes, is appropriate....

...duty to testify, and may not have served the interest of finding the truth, the state had no legal obligation to advise Janice to testify at the deposition because Janice had no legal duty to answer a subpoena that had not been properly served. See § 48.031, Fla....

...vidence of a return of service; and (b) that even if the service was defective, Olga waived any objection by virtue of Mr. Lieberman's appearance on her behalf. We find Totalbank's arguments to be legally infirm. In this case, service was made under section 48.031, Florida Statutes (1979) by attempting to deliver the summons and complaint to Olga Gonzalez at her "usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." Sec...

...Consequently, under section 48.21 and the cases which strictly construe substituted service provisions, the return of service was defective and 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....

...Subdivision (d) is also modified to conform with the revised federal rule on subpoenas for depositions to permit an objection by the deponent to the production of material required by a subpoena to be produced. 1980 Amendment. Subdivision (c) is revised to conform with section 48.031, Florida Statutes (1979)....

...The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes....

...Const. For the reasons we explain in this opinion, we answer the certified question in the negative. We hold that a facially valid return of service is not required to expressly list the factors defining the “manner of service” contained in section 48.031(1)(a), Florida Statutes (2009), which are not included in the requirements of section 48.21, Florida Statutes (2009), defining valid return of service. FACTS AND PROCEDURAL BACKGROUND This case arose as a result of a complaint filed by Carol Sullivan against Lance Koster....

...Appeal challenging the denial of his motion. Because the return of service met the textual requirements of section 48.21, the Second District stated that the issue was whether meeting the requirements of that section included listing the elements of the “manner of service” from section 48.031(1)(a) to establish that the return was regular on its face. Koster, 103 So. 3d at 885. The district court rejected Koster’s argument that in specifying the manner of service under section 48.21, the process server was also required to list the specific factors for substitute service under section 48.031(1)(a). Id. at 886. The court added: “But the determination that a return is regular on its face, no matter what type of service, is governed only by the language of section 48.21 and does not require express reference to section 48.031(1)(a) or any other statute that serves to define a specified manner of service.” Id. at 885. The court noted that evidence that any of the factors listed in -3- section 48.031(1)(a) were not present in the service could be used by Koster in rebutting the presumption of service; however, a strict construction of section 48.21 did not require an explicit identification of those factors in the return of service....

...great public importance. Id. at 886-87. We granted review based on the certified question. ANALYSIS Two statutes are at issue in this case. Section 48.21 governs the return of execution of process, and section 48.031(1)(a) governs service of process generally. In sum, Koster argues that a valid return of service under section 48.21 requires the express inclusion of the factors contained in section 48.031(1)(a). Relevant Statutes and Standard of Review When process was served in this case, section 48.21 provided as follows: 48.21 Return of execution of process....

...On amendment, service is as effective as if the return had originally stated the omitted facts. A failure to state all the facts in the return shall subject the person effecting service to a fine not exceeding $10, in the court’s discretion.2 § 48.21, Fla. Stat. (2009). The pertinent portion of section 48.031 provided: 48.031 Service of process generally; service of witness subpoenas....

...at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. Minors who are or have been married shall be served as provided in this section. § 48.031(1)(a), Fla....

...(2009). The certified question involves the interpretation of section 48.21 and, more specifically, requires this Court to determine whether, in addition to the requirements of section 48.21, a facially valid return of service must also include the factors relating to manner of service under section 48.031(1)(a)....

...But, the issue in this case boils down to how specific, under section 48.21, a return of service must be to be deemed valid on its face. Koster maintains that in light of the substitute service effected in his case, the factors of substitute service under section 48.031(1)(a) must also be indicated in the return of service. Thus, he argues that the return was deficient because it did not state, in accordance with section 48.031(1)(a), that the service address was Koster’s normal place of abode, that his sister-in-law, Pat Hassett, was a person fifteen years of age or older, and that Hassett was informed of the contents of the document with which she was being served. -8-  However, the language in section 48.21 does not expressly incorporate section 48.031, nor does it refer to the factors contained within section 48.031(1)(a). Section 48.21 clearly states the information that shall be included in a return of service. Thus, section 48.21 cannot be strictly read to require that the factors in section 48.031(1)(a) be specified....

...In this case, the return of service listed “Pat Hassett” as “sister- in-law/co-resident” of Koster. Therefore, the return of service here was sufficient. Koster points to this Court’s decision in Standley in support of his argument that the specifics regarding manner of service set forth in section 48.031 must be indicated in a valid return of service....

...g jurisdiction but did not require returns of service to list the requirements of the manner of service. Thus, Standley does not support Koster’s argument that a facially valid return of service requires the inclusion of the factors outlined in section 48.031(1)(a). Interpreting Section 48.21 “In construing a statute we are to give effect to the Legislature’s intent....

...ious implications” by adding requirements not present in the statute. Id. (emphasis omitted). 3. Although, it also provides that the return may be amended. - 11 -  Although the factors in section 48.031(1)(a) could easily be addressed in a return of service, the Legislature has not so mandated. The statute as written does not require the express inclusion of the factors in section 48.031(1)(a)....

...Because the Legislature is best positioned to make a policy determination as to what should or must be included in a return of service under section 48.21, we decline to expand the requirements as Koster requests. Although we conclude that the factors in section 48.031(1)(a) are not required to be expressly set forth in the return of service, we emphasize the importance that all process servers strictly ascertain and comply with the general requirements of the service of process statutes. CONCLUSION Based on the foregoing, we answer the certified question in the negative and hold that section 48.21 does not require the express statement of the factors of section 48.031(1)(a) in a return of service in order for the return to be facially valid....

...In its decision reported at 321 So.2d 460, the District Court of Appeal, Second District, reversed relying on Barnett Bank of Clearwater v. Folsom, 306 So.2d 186 (Fla. 2d DCA 1975). In Folsom the Court held that, if substitute service of process is made under Section 48.031, Florida Statutes (1973), a default judgment may not be set aside because of a showing that actual notice was not received by the defendant....

...The Florida Rules of Civil Procedure apply to "all actions of a civil nature." Fla. R. Civ. P. 1.010. Rule 1.050 provides that civil actions are commenced when the complaint or petition is filed. Rule 1.070 provides that "[u]pon the commencement of the action, summons or other process authorized by law shall be issued." Section 48.031(1)(a), Florida Statutes (2002), states that "[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading." (Emphasis added.) Section 48.1...

...Service under the long-arm statute is effected in the same manner as service within the state, namely by delivering a copy of the petition and the original process to the defendant's usual place of abode and leaving it with any person over age 15. Fla. Stat. §§ 48.194 and 48.031 (1981)....

...[2] The only questions relate to whether that jurisdiction was properly invoked by essential allegations in the complaint and properly perfected by the service of adequate process. [3] Basically there are three types of process on individuals: (1) PERSONAL SERVICE: Personal service of process under section 48.031, Florida Statutes, must be used in all actions against natural persons, if possible, and when correctly accomplished is good in all kinds of law actions for all purposes....

...There is no separate specific long-arm statute that relates to dissolution of marriage in the manner that parts of the UCCJA authorize long arm jurisdiction in child custody cases. Accordingly, jurisdiction over the dissolution cause of action itself can only be obtained either by personal service of process under section 48.031, Florida Statutes, or by service of process by publication under section 49.011(4), Florida Statutes, but not under section 48.193(1)(e), Florida Statutes....

...Employee Bill Briugka came to gate and signed summons/complaint." On August 17, 2004, Anthony filed a motion to quash service of process. In the motion, Anthony contended that the trial court must quash service of process because the service was not consistent with sections 48.194(1) and 48.031(1)(a), Florida Statutes....

..."Absent strict compliance with the statutes governing service of process, the court lacks personal jurisdiction over the defendant." Sierra Holding v. Inn Keepers Supply, 464 So.2d 652 (Fla. 4th DCA 1985). The Florida statutes applicable for service of process on a non-resident are sections 48.194 and 48.031. Section 48.194(1) provides that "service of process on persons outside this state shall be made in the same manner as service within the state by any officer authorized to serve process in the state where the person is served." Section 48.031(1) sets forth the manner in which service can be made within the state as follows: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initia...

...Minors who are or have been married shall be served as provided in this section. (b) Employers, when contacted by an individual authorized to make service of process, shall permit the authorized individual to make service on employees in a private area designated by the employer. (Emphasis added). Subsection two (2) of section 48.031 addresses the issue of substitute service....

...Schiff, the third district held that substitute service of process was not effectuated by a process server who went to the defendant's place of business and, without seeing the defendant, left the summons and complaint with the secretary. 341 So.2d 531 (Fla. 3d DCA 1977). The court in Hauser distinguished what section 48.031 termed as the "usual place of abode" from the place of employment of an individual....

...at 1266; See also Stoeffler v. Castagliola, 629 So.2d 196 (Fla. 2d DCA 1993) (affirming the lower court's order quashing service of process because "service on the business manager does not satisfy the requirements for obtaining personal service on an individual pursuant to section 48.031, Florida Statutes (1991)")....

...Stoeffler attempted to serve both Riden I and Castagliola by serving the business manager at the offices of Riden II. First, service on the business manager does not satisfy the requirements for obtaining personal service on an individual pursuant to section 48.031, Florida Statutes (1991)....

...We affirm the quashing of service on Castagliola and direct the trial court to quash the service on Riden I. Further, we reverse the dismissal of Castagliola and remand this case for further proceedings. DANAHY, A.C.J., and ALTENBERND, J., concur. NOTES [1] Section 48.031(1) and (2)(a), (b) provide: Service of process generally; service of witness subpoenas....

...f process upon him. The question presented is whether under the facts of this case there was a sufficient delivery to appellant of a copy of the original process and a copy of the complaint as to constitute valid service under the provisions of F.S. section 48.031, F.S.A....

...A trial court’s ruling on a motion to quash service of process, to the extent it involves questions of law, is subject to de novo review. Mecca Multimedia, Inc. v. Kurzbard, 954 So.2d 1179, 1181 (Fla. 3d DCA 2007). Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly complied with, and these provisions are to be strictly construed....

...evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818 (Fla. 3d DCA 1996). 3 *180 Here, the verified returns of service were regular on their face, containing all of the information in compliance with the specific requirements of section 48.031(l)(a)....

...at 864 (emphasis added). Johnston v. Halliday, 516 So.2d 84, 85 (Fla. 3d DCA 1987), provides another example of what is meant by the concept of a return of service which is “regular on its face.” In Johnston , the process server attempted substituted service under section 48.031(1) by serving the defendant’s son....

...cess was invalid. In the absence of such clear and convincing evidence, the presumption created by a return of service regular on its face satisfied Appellee’s burden of establishing valid service of process. 9 2. Residence v. Usual Place of Abode Section 48.031, Florida Statutes, provides in pertinent part that service of pro *182 cess shall be made “by delivering a copy of it to the person to be served ......

...In Thompson , our sister court appeared to blur the distinction between prima facie evidence showing a facially defective return of service versus proof of invalid service of process: "Thompson’s motion and affidavit are based on the fact that the service did not comply with section 48.031 and was therefore legally deficient ......

...See Busman, 905 So.2d at 956 ; Telf Corp. v. Gomez, 671 So.2d 818 (Fla. 3d DCA 1996); Fla. Nat’l Bank v. Halphen, 641 So.2d 495 (Fla. 3d DCA 1994); Gonzalez, 472 So.2d at 861 . . The return of service was additionally defective in failing to state (as required under section 48.031(1)) that the individual served resided with the defendant and that the process server informed him of the contents of the papers....

...to which the action is transferred. The matter then remains in limbo and causes procedural difficulties in progressing the action. 1988 Amendment. The last two 2 sentences were added to subdivision (g) to counter the construction of these rules and Ssection 48.031(1), Florida Statutes, by an appellate court in Fundaro v....

...Subdivision (d) is also modified to conform with the revised federal rule on subpoenas for depositions to permit an objection by the deponent to the production of material required by a subpoena to be produced. 1980 Amendment. Subdivision (c) is revised to conform with section 48.031, Florida Statutes (1979)....

...The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § sections 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.194 (personal service outside the state), Florida Statutes....

...He did not, at any time, inform the secretary as to the nature of the papers. Based on the foregoing, the appellant moved to dismiss for lack of jurisdiction over the person, insufficiency of process, and insufficiency of service of process on the ground that process was not properly served pursuant to Section 48.031, Florida Statutes (1975). By this appeal, the appellant challenges the correctness of the trial court's denial of the motion to dismiss. We agree with the appellant and hereby reverse. Section 48.031, Florida Statutes (1975) reads as follows: "Service of original process is made by delivering a copy [of it] to the person to be served with a copy of the complaint, petition or other initial pleading or paper or by leaving the copies...

...construed and must be strictly complied with. American Liberty Insurance Company v. Maddox, 238 So.2d 154 (Fla.2d D.C.A. 1970); Atlas Van Lines, Inc. v. Rossmoore, 271 So.2d 31 (Fla.2d *532 D.C.A. 1972). The term "usual place of abode" contained in Section 48.031, Florida Statutes (1975) means where the person is actually living at the time of service....

...(1973); Couts v. Maryland Casualty Company, 306 So.2d 594 (Fla.2d D.C.A. 1975). In light of the foregoing, there is no way this court can construe substituted service of process at a man's office upon a secretary therein to constitute compliance with the terms of Section 48.031, Florida Statutes (1975)....

...Like the "manipulation" claim above, it appears to us that Deltona did not act in a fraudulent manner because it followed the constructive service statute. The appellants admit that since they reside in foreign countries they are not amenable to personal service within the state of Florida. See, § 48.031, Fla....

...rvice upon the husband by publication. The wife argues that the husband's service upon the wife was not valid because the substituted service was on an office receptionist at the wife's place of business and not upon any of the persons designated in section 48.031, Florida Statutes (1985)....

...On the other hand, Smart contends that valid process was served on Gilliam, and that the trial court acquired personal jurisdiction over him, simply because an action had been commenced against a "John Doe" officer with the Town of Havana with Badge No. 305. [3] Pursuant to section 48.031(1)(a), Florida Statutes (2001), Gilliam was served on March 14, 2001, at his usual place of abode with a person residing therein, his mother, who was over 15 years of age....

...The error does not require dismissal *144 of the complaint at this time, but the decision of the trial court must be reversed insofar as it denies the defendant's motion to quash service of process. Reversed. JOANOS and WEBSTER, JJ., CONCUR. NOTES [1] Such a provision is included, for example, in section 48.031(1)(a), Florida Statutes, which states that any person residing at the defendant's usual place of abode who is older than fifteen can accept service of process for the defendant....

...Liberman come out of the house, go to the mail box, remove the papers therefrom, and return to the house. While this approaches outer limits, we conclude on the basis of our decision in the Haney case, supra, that personal service on Mr. Liberman was perfected under F.S. section 48.031, F.S.A....

...Johnston's counsel, and Sandra Johnston was defaulted as to the material allegations of the complaint. Finally, the Johnstons allege that Sandra Johnston was never personally served with process, nor was substituted service or process properly made on her. Section 48.031(1)(a), Florida Statutes, permits service of process "by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the *705 person of their contents." All requir...

...Thereafter default and final judgment were entered against the defendant, who appealed. The question to be determined is whether the person to whom copies of the summons and complaint were delivered at the defendant's usual place of abode in Dade County was a "person of the family over fifteen years of age." Section 48.031 Fla....

...Service of a cross-claim against a party who has not appeared in the action shall be made in the manner provided for service of summons. (h) (NO CHANGE) (i) (NO CHANGE) (j) (NO CHANGE) Committee Note: The last two sentences were added to subdivision (g) to counter the construction of these rules and Section 48.031(1), Florida Statutes, by an appellate court in Fundaro v....

...The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 (service on minors), § 48.042 (service on incompetents), § 48.051 (service on state prisoners), § 48.183 (service of process in action for possession of residential premises), and § 48.194 (personal service outside the state)....

...*585 Kevin Knight of deBeaubien, Knight, Simmons, Mantzaris & Neal LLP, Orlando, for Appellant. Philip K. Calandrino of Philip K. Calandrino, P.A., Orlando, for Appellee. MONACO, J. The sole issue on this appeal is whether the appellant, Javier Torres, Jr., was properly served with process by substitute service pursuant to section 48.031, Florida Statutes (2002)....

...ess 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(1)(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 complaint......

...t's motion to vacate. The appellant then made a motion to vacate final judgment which was denied. On appeal, the appellant contends that the trial court erred in entering and in failing to vacate the default and final judgment. We agree and reverse. Section 48.031, Florida Statutes (1979), requires that service be at the appellant's usual place of abode....

...3d DCA 1977), we reverse the orders under review upon a holding that (1) where, as here, the sole evidence before the trial court revealed that the person upon whom process was served did not reside with the defendants, but rather was visiting with them for a ten-day period, the requirement of Section 48.031(1), Florida Statutes (1983), that a copy of the process be left with a person "residing" in the usual place of abode of the defendants was not met, the service was thus ineffective, and no in personam jurisdiction over the defendants was obtained, compare Couts v....

...3d DCA 1980); Mac Organization, Inc. v. Harry Rich Corp., 374 So.2d 81 (Fla. 3d DCA 1979). *615 Reversed and remanded with directions to vacate the default and quash service of process. NOTES [1] Both Couts and Sangmeister were decided under the predecessor to Section 48.031(1), which required that substituted service be made by leaving a copy at the defendant's "usual place of abode with some person of the family over fifteen years of age......

...order denying the motions to vacate the judgment and to quash service of process. Sutton sued appellant in the capacity of last director and trustee of Jesson, Inc., a dissolved corporation. Service of process on appellant was attempted pursuant to section 48.031(1), Florida Statutes (1993), which provided: "service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint ......

...or older and informing the person of their contents. Instead, the papers were left with an employee of the building in which appellant has an apartment. When, as here, there is no evidence that someone inside the house qualifies as a recipient under section 48.031(1), leaving process at the door is insufficient service, see Henzel v....

...de service of process. The cited cases are readily distinguishable in two important aspects. First, in each of the cited cases the process server identified the person to be served and had affirmative evidence that someone eligible for service under section 48.031(1) was present inside the residence at the time the papers were delivered....

...Statutes (2003), which provides how service on a minor should be accomplished. Section 48.041(1)(a) provides that service on a minor who has never been married shall be accomplished "[b]y serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031." § 48.041(1)(a), Fla. Stat. (2003). Section 48.031(1)(a) provides, in pertinent part, that service is to be made by delivering to the person to be served "a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." § 48.031(1)(a), Fla....

...e return receipt was signed by the babysitter. Hence there was no one who delivered the notice to the babysitter who could inform her of the contents at the time of service. This court and others have specifically held that substituted service under section 48.031 must be in strict compliance with the requirements of the statute. Torres v. Arnco Constr., Inc., 867 So.2d 583, 585 (Fla. 5th DCA 2004) (holding that service under section 48.031(1)(a) to the person's usual place of abode is a form of substituted service and explaining that "because statutes authorizing substituted service are exceptions to the general rule requiring a defendant to be served personally, due pro...

...ory 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.'")....

...h service "by delivering a copy of [process] to the person to be served ... or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." Id. § 48.031(1)(a) (emphasis added)....

...ls us whether or not cross claims against co-defendants require service by summons, although an old Supreme Court holding in Lovett v. Lovett, 112 So. 768, 775, 776 (Fla. 1927) might appear to prescribe it. Florida Rules of Civil Procedure 1.080 and Section 48.031(1), Florida Statutes (1979) both call for service of summons on a party of all "initial" pleadings....

...Wilhelm, Phillips, McFarland, Gould & Korones, Clearwater, for petitioner. Charles D. Andrews, St. Petersburg, for respondent Chester E. Johnson. GRIMES, Judge. This case involves the question of whether substituted service of process pursuant to Fla. Stat. § 48.031 (1973) is effective where it is shown that the defendant never actually knew that the suit papers had been served....

...ated. The county court ordered the default judgment set aside. On appeal, this order was affirmed by order of the circuit court in which it was recited that actual notice to the defendant is a necessary element of service of process under Fla. Stat. § 48.031 (1973)....

..., see § 120." [2] See also Milliken v. Meyer, (1940) 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 278; Smith v. Kincaid (6th Cir.1957), 249 F.2d 243; 62 Am.Jur.2d, Process, § 99; Restatement of Judgments, § 16, Comment b. Since compliance with Fla. Stat. § 48.031 (1973) is a valid method of acquiring jurisdiction over a defendant, substantial legal uncertainty would result if defendants were later permitted to set aside the judgment simply by showing that they never had knowledge of the process. The petition for certiorari is granted and the orders entered below are hereby quashed. McNULTY, C.J., and HOBSON, J., concur. NOTES [1] Fla. Stat. § 48.031 (1973) reads as follows: "48.031 Service of process generally....

...Process was served by a deputy sheriff who went to Cullimore's apparent residence, identified herself, read the summons and complaint in a loud voice, and then tacked the summons to the door. Cullimore filed a motion to quash service, urging that service was improper pursuant to 48.031, Florida Statutes (1979)....

...was only testimony concerning communications made between the dispatcher and the deputy. Accordingly, we conclude that the hearsay testimony should have been excluded. Turning to the issue of the sufficiency of admissible evidence, we point out that Section 48.031, Florida Statutes (1979), requires that original process be served on the party personally or by leaving copies of the complaint "at his usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." In Haney v....

...igent operation by the appellants as owners of apartment *279 house property. Such complaint, as well as the prior complaints, alleged that each and all of the defendants were residents of Dade County, Florida. No personal service of process under F.S. 48.031, F.S.A....

...ate, ... service may ... be made under the circumstances and in the manner prescribed in the statute or rule. (Emphasis added). There is no question that the manner in which service was effected upon the defendant herein was proper. Florida Statutes § 48.031 (1979) sets forth the manner by which in-state service upon an individual is to be effected: *183 (1) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other...

...erson is served." Clearly, the Deputy United States Marshal in South Carolina was authorized to serve process within that state. Moreover, the manner of service on individuals prescribed in Fed.R.Civ.P. 4(d)(1) parallels that prescribed by Fla.Stat. § 48.031 (1979)....

...The return of service in this case indicates that process was served on Magazine's mother-in-law, Agnes Oakford, at Magazine's usual place of abode and that she was informed of the contents of the papers. Magazine challenges the service arguing that: (1) his mother-in-law was not a "person residing therein" under section 48.031(1), Florida Statutes (Supp....

...Walker, 429 So.2d 797 (Fla. 4th DCA 1983). We find that Magazine has failed to meet that burden in this case. First, Ms. Oakford's six-week stay at Magazine's residence was long enough that she may properly be regarded as "a person residing therein" under section 48.031(1)....

...rch 2, 1990. After attempting service two times, the server placed a copy of the summons and complaint under Henzel's door and later mailed a copy of the documents to the residence. The trial court denied Henzel's motion to quash service of process. Section 48.031(1), Florida Statutes (1991) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint ......

...The parties agree that the summons and complaint were neither delivered to Henzel personally nor left at his home with another resident. However, Noel argues that since Henzel had deliberately attempted to avoid service of process, leaving the summons and complaint at Henzel's abode satisfied section 48.031....

...The appellate court reversed and remanded, holding that if the residence in question was the usual place of abode of Mr. Lee and if Mrs. Lee was over the age of fifteen, then substitute service of process on Mr. Lee was valid. It is clear that service of process on Henzel did not meet the requirements of section 48.031 because the papers were not given to Henzel himself or anyone fifteen years or older who resided with Henzel....

...In the instant appeal, the evidence is slimmer. The process server did not even hear noises inside the residence when the papers were *223 placed under the door. There is no evidence that anyone was inside the apartment. Service of process was insufficient under section 48.031....

...Florida Statutes. Therefore, we hold that in order to be effective, the motion to quash does not need to state how the defect can be cured. In the instant case, the statute through which the appellee was attempting to achieve service of process was section 48.031(1), Florida Statutes....

...As instructed by Bennett , we begin by examining the process server’s verified re *15 turn of service to determine if it is regular on its face. The verified return of service reflects that on March 19, 2009, the process server delivered the summons and complaint to Ms. Vives’ usual place of abode, and in accordance with section 48.031(l)(a), left copies of the summons and complaint with an unnamed person who was over the age of fifteen, advising the person of the contents. The process server described the unnamed person as: “NOT MARRIED. NOT IN MILITARY. F. WHT, BROWN HAIR, 35^9 YRS, 5'4-5'8,100-129 LBS.” Section 48.031(l)(a), Florida Statutes (2009), provides: (l)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the cop...

...On amendment, service is as effective as if the return had originally stated the omitted facts.... (emphasis added). Thus, contrary to Wells Fargo’s assertion, the verified return of service is not regular on its face because it fails to satisfy the requirements set forth in sections 48.031(l)(a) and 48.21. The return of service does not state the name of the person on whom service was made, and it does not state that this unnamed person resides at Ms. Vives’ regular place of abode, as required by section 48.031(l)(a). See Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So.3d 177 (Fla. 3d DCA 2011) (“Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly complied with, and these provisions are to be strictly construed.”)....

...The defendant argues that the case should be dismissed pursuant to Rule 12(b)(5), Fed.R.Civ.P., for insufficient service of process (Doc. 4, pp. 6-10). The plaintiff contends that it properly effected personal service of process upon the defendant pursuant to § 48.031, Fla. Stat., and substitute service under §§ 48.161 and 48.181, Fla. Stat. (Doc. 7, pp. 5-11). A. Under § 48.031(1)(a), Fla....

...As we noted in Haney v. Olin Corp., 245 So.2d 671, 672 (Fla. 4th DCA 1971), "The major purpose of the constitutional provision which guarantees `due process' is to make certain that when a person is sued he has notice of the suit and an opportunity to defend." Section 48.031(1)(a), Florida Statutes, which sets forth the requirements for service of process, provides: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or ot...

...esiding therein who is 15 years of age or older and informing the person of their contents. In 2004 the Legislature amended the statute to include a requirement of noting the time and date of service on the copy delivered to the person to be served. Section 48.031(5), Florida Statutes, provides: (5) A person serving process shall place, on the copy served, the date and time of service and his or her identification number and initials for all service of process....

...nd hour of service shall be endorsed on the original process and all copies of it by the person making the service." It appears that the statute as amended in 2004 incorporates the long-standing requirement of the rule. The requirements contained in section 48.031(1)(a) have the purpose of assuring that notice is given to the defendant when the defendant is not personally served....

...prised of what he or she is receiving, the statute requires that the process server orally inform the person who receives service of the contents of the complaint. These requirements insure that notice is conveyed to the defendant. The provisions of section 48.031(5) do not appear to have anything to do with assuring notice to the defendant....

...A process server makes a return of service which is filed with the court. It includes the date and time of service. The return should match the information noted on the served copy. Some statutes require that process be served within certain hours. For example, section 48.031(3)(b), which deals with subpoena of a criminal witness, requires that three attempts to serve be made at "different times of the day or night on different dates." Along similar lines, service made pursuant to section 48.031(2)(b) allows substitute service on a sole proprietorship at his or her place of business during regular business hours....

...y individual to accept service of process on their behalf. Thus, Defendants were not served pursuant to Rule 4(e)(2). Next, the pursuant to Rule 4(e)(1), the Court needs to look at how service may be effected in the State of Florida. Florida Statute § 48.031 provides: (1) (a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his usual place of abode with...

...usiness, during regular business hours, by serving the manager of the business if one or more attempts to serve the owner have been made at the place of business.... Thus, Plaintiff has failed to properly serve Defendants pursuant to Florida Statute § 48.031....

...However, we reverse as to Rupcich because we agree that service on him, individually, was defective. I. FACTUAL AND PROCEDURAL HISTORY In February 2008, Aragon filed a multi-count complaint against Clauro and Rupcich, individually, for breach of contract, conversion, civil theft, and unjust enrichment. Pursuant to section 48.031(6), Florida Statutes (2008), Aragon attempted service on both Clauro and Rupcich by leaving copies of the complaint and summons with the owner of a UPS mailbox store located in Weston, Florida....

...odily attachment. Aragon served Rupcich with this motion at his residence in Weston, Florida. In response, the defendants filed a motion to vacate the default judgment for lack of jurisdiction, arguing that neither had been served in compliance with section 48.031(6)....

...tion over either defendant. We find that the trial court did not abuse its discretion in denying the motion to vacate as to Clauro, and we affirm that portion of the order without further comment. We agree, however, that Aragon failed to comply with section 48.031(6), Florida's substitute service statute, when it attempted to serve Rupcich, individually....

...rights. See Alvarado v. Cisneros, 919 So.2d 585, 588-89 (Fla. 3d DCA 2006); Torres v. Arnco Constr., Inc., 867 So.2d 583, 586 (Fla. 5th DCA 2004); Fed. Nat'l Mortgage Ass'n v. Fandino, 751 So.2d 752, 753 (Fla. 3d DCA 2000), and cases cited therein. Section 48.031(6), states as follows: If the only address for a person to be served, which is discoverable through *1012 public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge o...

...ver determined that Rupcich maintained a mailbox at the Weston UPS store. In support of its position that service was proper, Aragon points to the return of service. That return of service, however, merely recites that service was in accordance with section 48.031(6), but it does not demonstrate that Aragon met either statutory requirement....

...Accordingly, no evidence exists to conclude that the process server determined that Rupcich maintained a mailbox at the Weston UPS store. See Kramer, 2008 WL 877211, at *1. *1013 Because Aragon failed to show that it met either statutory requirement for substitute service on Rupcich, individually, we find that service under section 48.031(6) was invalid as to Rupcich, individually....

...Ins. Co. v. Bevis, 652 So.2d 382, 383 (Fla. 2d DCA 1995)); see Falkner v. Amerifirst Fed. Savs. & Loan Ass'n, 489 So.2d 758, 759 (Fla. 3d DCA 1986) ("A judgment entered without due service of process is void."). Because Aragon failed to comply with section 48.031(6), the trial court did not have personal jurisdiction over Rupcich, and the default judgment is void....

...We first find that the lower court's denial of the motion for protective order to be a departure from the essential requirements of the law because the substituted service of the witness subpoena on Mr. Chavez was legally insufficient pursuant to sections 48.031(1)(a) and (3), Florida Statutes....

...th any person residing therein who is 15 years of age or older and informing the person of their contents. .... (3) The service of process of witness subpoenas, whether in criminal cases or civil actions, is to be made as provided in subsection (1). § 48.031(1)(a), (3), Fla....

...Schiff, 341 So.2d 531, 531 (Fla. 3d DCA 1977). Clearly then, the respondents purported substitute service of the witness subpoena on another employee of the petitioner's corporation did not satisfy the requirements for obtaining personal service on Mr. Chavez pursuant to section 48.031....

...ing their cross-motion to quash service of process and non-final order granting Best Restorations, Inc.'s (the Plaintiff) motion for default. We reverse the trial court's order denying the Defendants' cross-motion to quash service of process because section 48.031(6), Florida Statutes (2008) was not a valid method for the Plaintiff to serve the Defendants....

...On November 10, 2008, the Plaintiff delivered copies of an Alias Summons and Complaint to the owner of the UPS store in Sevierville. Thereafter, the Plaintiff moved for default, arguing that the Defendants had been served at the mailbox address, pursuant to section 48.031(6), Florida Statutes (2008), and had failed to file or serve any paper in response....

...The Defendants opposed the motion and filed a cross-motion to quash service, arguing that the conditions for private mailbox service were not met. The trial court denied the Defendants' cross-motion to quash service. The issue in this case is whether section 48.031(6), Florida Statutes (2008) is a permitted method of service under the facts of this case. This is a question of law subject to a de novo standard of review on appeal. Mecca Multimedia, Inc. v. Kurzbard, 954 So.2d 1179, 1181 (Fla. 3d DCA 2007). Section 48.031(6), Florida Statutes (2008) reads as follows: If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location. The Plaintiff argues that substitute service by private mailbox service under section 48.031(6), Florida Statutes (2008) is proper, provided that a plaintiff has first made a diligent effort to serve a defendant at any address or addresses discoverable through public records....

...The Defendants counter that the statute, by its very terms, applies only to those instances where the only address for a defendant, which is discoverable through the public records, is a private mailbox. The plain language of the statute leads us to conclude that substitute service on the Defendants pursuant to section 48.031(6), Florida Statutes (2008) is limited to those instances where the only address discoverable through the public records to effect service is a private mailbox maintained by the party to be served....

...City of North Miami, 286 So.2d 552, 553 (Fla.1973) (stating that the rules of statutory construction instruct that statutes must be given their plain and obvious meaning and it must be assumed that the legislature knew the plain and ordinary meaning of words). Here, private mailbox service pursuant to section 48.031(6), Florida Statutes (2008) was not an appropriate method of substitute service on the Defendants because the Plaintiff did not prove that the only address for the Defendants, which was discoverable through public records, was a private mailbox....

...10th Court; she did not receive any notice of the alleged default or of the service of process; nor did she receive notice of the Final Judgment being entered. 4... . . 5. This Court should vacate the Final Judgment on the basis that due process has not be effected. Florida Statute 48.031(2)(a) provides that substituted service may be made on a spouse only if the spouse and the person to be served are residing together in the same dwelling....

...*87 Second, we reject the defendant's contention that the trial court erred in failing to conduct an evidentiary hearing on the defendant's motion to quash service of process. The return of service filed in this cause clearly establishes that the defendant was properly served under Section 48.031(1)(a), Florida Statutes (1993); and, contrary to the defendant's argument, the affidavit filed by the defendant below asserts no personal knowledge, only inadmissible hearsay, to controvert the return of service....

...Roller Skating Rinks, Inc., 379 So.2d 1333 (Fla. 5th DCA 1980), and was therefore proper. We have reviewed the merits of the parties' contentions presented in their briefs and at oral argument, and we find no error committed by the trial court in setting aside default judgment. Section 48.031(1), Florida Statutes (1979) permits service of original process to be made by leaving copies with any person fifteen years or more who resides at the usual place of abode of the person to be served and "informing the person of their contents." The deputy sheriff did not recall explaining to Mrs....

...Mendoza the contents of the papers he left. Mrs. Mendoza testified at her deposition that service consisted solely of a knock on the door, a man saying "Mendoza", and delivery of papers, the contents of which she did not understand. Under these circumstances, we find no compliance with section 48.031(1), and we affirm the trial court's order setting aside default judgment.

...her of her status as third-party defendant and default judgment was subsequently entered against appellant. This proceeding challenges the court's jurisdiction to enter that default judgment. Service was attempted here pursuant to the provisions of § 48.031, F.S....

...ved was not qualified to accept service for defendant). If the allegations in Dr. Monsour's and his son's affidavits are true, Balk did not obtain service on Dr. Monsour. Balk argues that he obtained substituted service by serving Dr. Monsour's son. Section 48.031(1)(a), Florida Statutes (1995), provides for service of process by delivery to the person at their regular abode with any person residing therein who is fifteen years or older....

...g in the trial court pursuant to Florida Rule of Civil Procedure 1.140 after the mandate issues. Reversed and remanded. NOTES [1] There is no transcript of the hearing. However, the annotated summons and return of process are part of the record. [2] § 48.031(1)(a), Fla....

...The unknown male refused to open the door so the process server left the papers on the door step and departed. His return indicated that he had served a John Doe, a person above the age of 15, who was a resident of the defendant's household, pursuant to Section 48.031, Florida Statutes (1979)....

...The error alleged herein is of such fundamental nature that it rises to a level of denial of due process, so fatally infecting the proceeding that the ruling cannot answer constitutional muster. Thus, we shall exercise our certiorari jurisdiction. See: City of Winter Park v. Jones, 392 So.2d 568 (Fla. 5th DCA 1980). Section 48.031, Florida Statutes (1979), reads as follows: "Service of process generally....

...Minors who are or have been married shall be served as provided in this section." Statutes governing substituted service of process must be strictly construed and must be strictly complied with. Atlas Van Lines Inc., v. Rossmoore, 271 So.2d 31 (Fla. 2d DCA 1972); Hauser v. Schiff, 341 So.2d 531 (Fla. 3d DCA 1977). Section 48.031, Florida Statutes (1979) clearly requires that in order to perfect substituted service it must be made upon a person over the age of 15 years, who resides in the defendant's place of abode....

...The process server's return filed herein shows on its face that service was made on a John Doe person residing therein. Clearly, such a return is invalid on *1361 its face and without more cannot reflect a determination that the individual served comes within the purview of Section 48.031, Florida Statutes (1979)....

...PER CURIAM. The defendant below seeks review of an order denying her rule 1.540(b) motion to set aside a default and default judgment entered against her. We reverse. Substituted service of process in this accident case was secured on Alvarez under section 48.031, Florida Statutes (1991) by serving her cousin at what was allegedly her "usual place of abode" at a home in Hialeah....

...The burden of proving the validity of service of process is on the plaintiff. Abbate v. Provident Nat'l Bank, 631 So.2d 312, 313 (Fla. 5th DCA 1994) (citations omitted). "A judgment entered without due service of process is void." Falkner v. Amerifirst Fed. Savs. & Loan Ass'n, 489 So.2d 758, 759 (Fla. 3d DCA 1986). Section 48.031(1)(a), Florida Statutes (2000), states: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. In addition to the procedure set forth in section 48.031, this state has specifically set forth the proper method for service of process on prisoners....

...The majority in Shurman, however, did not decide whether service on appellant by way of substituted service on a prison employee was improper as a matter of law. But see id. at 956-57 (Wells, C.J., concurring)(concluding that the decision should have been controlled by the plain meaning of section 48.051, without reliance on section 48.031(1)(a)).

...Brachvogel were both sued by the Diners Club on their credit card account. At the time, they were living together in the marital home. Mr. Brachvogel was personally served; substituted service was, as she admits, regularly effected on Mrs. Brachvogel in accordance with Section 48.031, Florida Statutes (1975) by serving her husband at the home which was her "usual place of abode." Neither of the Brachvogels answered and a default judgment was entered against both of them....

...Esser Int'l, Inc., 467 So.2d 457, 458 (Fla. 3d DCA 1985) (quoting Zimmerman v. VinylGrain Indus., 464 So.2d 1353, 1354 (Fla. 1st DCA 1985)). This rule applies equally to final default judgments. See Cunningham v. White, 390 So.2d 467 (Fla. 3d DCA 1980). Section 48.031, Florida Statutes (1985), requires that service be at the "usual place of abode" of the person being served....

...In light of this, the trial court should have resolved whatever doubts it entertained in favor of Milanes and granted his motion to vacate the default and final judgment. See Panter, 406 So.2d at 1267. We note that Colonial's service of process on the residence of Milanes's ex-wife did not satisfy the requirements of section 48.031....

...As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian. §§ 48.041(2) and 48.031, Fla....

...on in whose custody the minor is and by further serving said process on the guardian ad litem or other person if one is appointed by the court to represent the minor. Subsection 2 merely provides the method of service on the guardian by reference to section 48.031....

...the resulting final judgment would thus be void. Further, a potential problem arises with the return of service in that it indicates that the summons and complaint were served on the assistant manager of Big Tim's Bar BQ, in seeming contravention of section 48.031(2)(b), Florida Statutes (1989). Section 48.031(2)(b) requires that substitute service be made upon the manager of one "doing business as a sole proprietor." Statutes governing service of process are to be strictly construed. See Abbate v. Provident National Bank, 631 So.2d 312 (Fla. 5th DCA 1994). We are unable to find any decisions interpreting section 48.031(2)(b)....

...He further maintained that because the return of service filed in this case 1 indicates that the manner of service was substitute service, strict construction requires that the return also identify specifically all of the statutory requirements of substitute service. See § 48.031(l)(a) (“[Sjervice of original process is made by delivering a copy of it to the person to be served ......

...We agree that it is clear that the return of service at issue here meets the textual requirements of section 48.21. The question then becomes whether meeting those requirements, without further identifying the “manner of service” by listing the specific elements set forth in section 48.031(l)(a), established the return of service as regular on its face. The Third District has suggested that “[s]ervice made under the substitute service provisions of section 48.031 ... must be strictly complied with and [that] these provisions are to be strictly construed.” Robles-Martinez v. Diaz, Reus, & Targ, LLP, 88 So.3d 177, 180 (Fla. 3d DCA 2011) (noting that a return of service which listed all the requirements of section 48.031 was regular on its face in a challenge to “the validity of the service of process itself’ but “not ......

...llowed in order for a [trial] court to acquire jurisdiction.”). But the determination that a return is regular on its face, no matter what type of service, is governed only by the language of section 48.21 and does not require express reference to section 48.031(l)(a) or any other statute that serves to define a specified manner of service. Accordingly, while evidence that any of the factors outlined in section 48.031(l)(a) were not present in this case could be used by Foster to meet his subsequent burden of rebutting the presumption of service— and under Robles-Martinez and Walton must be strictly construed by the courts when evaluated in that c...

...ation beyond the text of section 48.21. Therefore, in evaluating a determination of the facial regularity of a return, we do not read a strict construction of section 48.21 to also require an explicit identification of the individual requirements of section 48.031(l)(a) in order for the return of service to be deemed regular on its face....

...rily prescribed [, pursuant to section 48.081,] superior classes of persons who could have been served.”); Gonzalez, 472 So.2d at 864 (suggesting that in addition to deficiencies in a return under section 48.21, the lack of a requirement listed in section 48.031(l)(a) could make a return of service defective on its face)....

...Schwarz & Schiffrin, 411 So.2d 1359 (Fla. 3d DCA 1982), involved returns of service that failed to identify the name of the person who was served, both returns were defective on their faces solely based on the express terms of section 48.21 without the need of referencing section 48.031. 2 And absent these unsupported cases, strict construction of neither statute requires that the process server expressly identify the individual requirements of section 48.031 in order to fully comply with section 48.21....

...A party may serve process on a limited liability company by serving its registered agent at the agent's street address. See § 608.643(1)(b), Fla. Stat. (2005). Generally, service on the registered agent is accomplished by personal delivery of the process to the registered agent. See § 48.031(1)(a), Florida Statutes (2005). Section 48.031(1)(a) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper *1273 or by leaving the copies at his or her usual pla...

...Normally, where service is to be made by personal delivery[,] the papers must be delivered into the hand or onto the person of the one to be served. Where, however, the person to be served flees from the presence of the process server in a deliberate attempt to avoid service of process, the delivery requirement of . . . section 48.031, F.S.A., ....

...As in the instant case, the plaintiff argued that the defendant had deliberately attempted to avoid service of process. In distinguishing Lee, Liberman, and Haney, the court concluded: It is clear that service of process on [the defendant] did not meet the requirements of section 48.031 because the papers were not given to [the defendant] himself or anyone fifteen years or older who resided with [the defendant]....

...First, the legislature added subsection (b) to section 48.081(3) as follows: If the address provided for the registered agent, officer, director, or principal place of business is a residence or private mailbox, service on the corporation may be made by serving the registered agent, officer, or director in accordance with s. 48.031. Ch. 2004-273, § 2, at 1656, Laws of Fla. Second, the legislature added subsection (6) to section 48.031, as follows: If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the private ma...

...Petty Transp., LLC, No. 6:08-cv-498-Orl-22KRS, 2008 WL 4059828, at *1 (M.D.Fla. Aug.27, 2008); see also Clauro Enters., Inc. v. Aragon Galiano Holdings, LLC, 16 So.3d 1009, 1012 (Fla. 3d DCA 2009) (outlining the conditions under which service at a private mailbox under section 48.031(6) is permitted)....

...When Ubilla, who lived in Nicaragua, learned of the lawsuit, the time to answer had elapsed; a default was then entered. After securing an attorney in Miami, Ubilla moved to set aside the default pursuant to Fla.R.Civ.P. 1.540; the trial court denied the motion. Section 48.031, Florida Statutes (1993) provides that service of process may be made by leaving a copy of the complaint at the defendant's " usual place of abode with any person residing therein......

...The trial court ruled the evidence insufficient to rebut the presumption of valid service. *1378 On appeal, the husband argues that the wife's failure to serve him with process precluded the trial court from exercising jurisdiction over his person. Accordingly, he challenges all the trial court's rulings. Section 48.031(1), Florida Statutes (1983), provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his...

...Francis, 229 So.2d 903, 906 (Fla. 3d DCA 1969). The evidence presented to the trial court, consisting of appellant Montano's affidavit and Mr. Mange's deposition, confirmed the husband's contention that he was not served in accordance with the provisions of section 48.031(1)....

...complaint based on insufficiency of service of process, asserting that, contrary to the return of service, the person the process server gave the summons and complaint to does not reside at the defendant’s usual place of abode as required under section 48.031(1)(a), Florida Statutes (2016).1 For the reasons that follow, we affirm. I....

...process. The motion to dismiss and the defendant’s affidavit state that the defendant employs Mr. Jones as a security guard; Mr. Jones has never resided at the defendant’s Miami Beach residence; Mr. Jones resides at a specific address in 1 Section 48.031(1)(a) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at...

...room, before the hearing. Even the "liberal construction" of the statute allowed under section 39.001(9), Florida Statues (2001) does not allow us to ignore the boldfaced prepositions in the preceding sentence. There was no substituted service under section 48.031(1)(a), Florida Statutes (2001), because the mother's residence was not appellant's "usual place of abode" at the time of the service....

...Appellee attempted to serve Nettles by having the sheriff of Cook County, Illinois, deliver the alias summons and a copy of the complaint to any person residing at Nettles' usual place of abode who was fifteen years of age or older. § 48.194, Fla. Stat. (1981), § 48.031(1), id....

...y to "Ms. Nettles, FW 35, a person of his family of the age of 13 years or upwards." Nettles contends that this affidavit does not establish that the alias summons and complaint were delivered to a person fifteen years of age or older as required by section 48.031(1)....

...4th DCA 1997) (“The unrebutted allegations contained in appellant’s motion to quash service of process and the supporting affidavit, if proven by clear and convincing evidence, would establish appel-lee’s failure to effect valid service of process as required by section 48.031, Florida Statutes (1991)....

...sonal jurisdiction. [2] Trauger v. A.J. Spagnol Lumber Co., Inc., 442 So.2d 182 (Fla. 1983). [3] This is similar to Florida's statute which provides for service "by leaving the copies at his usual place of abode with any person residing therein ..." § 48.031(1), Fla....

...unty, Florida, quashing service of process on Wava B. Haney, one of two defendants in the trial court. The trial court quashed the service of process on Wava B. Haney because he concluded that substituted service of process as permitted by F.S.1969, section 48.031, F.S.A....

...Derum (Durham) returned to the home of the HANEYS and upon finding the papers on the front doorstep, took them inside to the HANEY home. When Mrs. Derum (Durham) informed MR. HANEY that the papers were from the OLIN CORPORATION, he instructed her to take them back to the office.” F.S.1969, section 48.031, F.S.A....

...into the hand or onto the person of the one to be served. Where, however, the person to be served flees from the presence of the process server in a deliberate attempt to avoid service of process, the delivery requirement of that part of F. S.1969, section 48.031, F.S.A., reading as follows: “Service of original process is made by delivering a copy thereof to the per *671 son to be served with a copy of the complaint * * *” may be satisfied if the process server leaves the papers at a place...

...Merritt v. Heffernan, 142 Fla. 496 , 195 So. 145, 147 (1940)). When a trial court rules on a motion to quash service of process, we review that ruling de novo. See Hernandez v. State Farm Mut. Auto. Ins. Co., 32 So.3d 695 (Fla. 4th DCA 2010). Analysis Section 48.031(l)(a), Florida Statutes (2010), governs the present issue of validity of substituted service of process and must be strictly construed. Robles-Martinez v. Diaz, Reus & Targ, LLP, — So.3d -, -, 2011 WL 3586179 (Fla. 3d DCA 2011) (“Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly complied with, and these provisions are to *1126 be strictly construed.”); see also Walton v. Walton, 181 So.2d 715, 717 (Fla. 2d DCA 1966) (“Statutes authorizing constructive service of process must be strictly construed and exactly followed in order for a [trial] court to acquire jurisdiction.”). Section 48.031(l)(a) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of...

...The trial court abolished any support ordered before July 22, 1994. The DOR appealed both orders. [1] The DOR first challenges the trial court's determination that substitute service of the summons was ineffective because it reflected an incorrect middle initial for Wright. Section 48.031(1), Florida Statutes (1985), provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his...

...ly complied with." Aero Costa Rica, Inc., v. Dispatch Servs., Inc., 710 So.2d 218, 219 (Fla. 3d DCA 1998). In Aero Costa Rica, substitute service of a witness subpoena on another employee of the witness's corporation did not meet the requirements of section 48.031. Here, section 48.031(1) was followed in that Wright's mother, who lived at 1211 Scott Street, was served....

...an address other than the address where service was effected on Busman's half brother. The trial court denied Busman's motion. We agree with Busman's contention that he was not properly served pursuant to the substituted service of process statute. Section 48.031(1)(a), Florida Statutes (2003), provides, in pertinent part, that: *958 Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint....

...administrators of estates, based on an express legislative intention to assure amenability to process. The residency requirement in Section 733.302 fulfills the same goal without regard to citizenship status. The general service of process statute, Section 48.031, Florida Statutes (1975), provides for service on natural persons found within Florida without distinction between citizens and non-citizens....

...He also denied being personally served at that address. The question on appeal is whether the trial court erred in denying Kemmerer’s motion to quash service of process. This is a question of law that we review de novo. Baker v. Stearns Bank, N.A., 84 So.3d 1122, 1125 (Fla. 2d DCA 2012). Section 48.031(1)(a), Florida Statutes (2011), allows for substitute service of process on a defendant by leaving copies of the appropriate documents “at his or her usual place of abode with any person residing therein who is 15 years of age or old...

...Glass, for appellant. Leesfield & Blackburn and John Elliott Leighton, Miami, for appellee. Before HUBBART, NESBITT and JORGENSON, JJ. PER CURIAM. We reverse the order denying the defendant's amended motion to dismiss for insufficiency of service of process. Section 48.031(1), Florida Statutes (1985), requires that original process be served upon the defendant personally or by leaving copies at the defendant's "usual place of abode with any person residing therein who is 15 years of age or older and info...

...In writing this opinion, our review is de novo. See Vidal, 41 So.3d at 402 (appellate court reviews de novo questions of law as to whether a party has complied with the statutes on service of process or whether service is defective and must be quashed). Section 48.031(l)(a), Florida Statutes (2010), provides, 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 complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. § 48.031(l)(a), Fla. Stat. (2010) (emphases added). By section 48.031(l)(a)’s plain language above, the “copy of it ” refers to the previously-mentioned “original process,” that is, the summons, and not the later-mentioned “copy of the complaint.” See Hill v. Davis, 70 So.3d 572, 575-76 (Fla.2011) (“[I]f the meaning of the statute is clear then this Court’s task goes no further than applying the plain language of the statute.”) (citations and quotations omitted). Section 48.031(5), Florida Statutes (2010), provides: “A person serving process shall place, on the copy served, the date and time of service and his or her identification number and initials for all service of process.” § 48.031(5), Fla. Stat. (2010) (emphasis added). Although section 48.031(5) does not expressly state whether its use of the terms “process” and “the copy served” refers to the summons, the complaint, or both, we conclude that section 48.031(5)’s use of the terms “process” and “the copy served” refers to only the summons and not the complaint. We reach this conclusion by reading section 48.031(5) in pari materia with section 48.031(l)(a)....

...Martin, 916 So.2d 763, 768 (Fla.2005) (“The doctrine of in pari materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature’s intent.”) (citation omitted). As mentioned above, section 48.031(l)(a)’s plain language differentiates between “a copy of [original process],” i.e., the summons, and “a copy of the complaint.” Applying that differentiation to section 48.031(5), which refers to placing the required notations on the “copy served” of the “process,” i.e., the summons, we conclude that under section 48.031(5), a process server must place the required notations on only the copy of the summons, and not on the copy of the complaint....

...we used the terms “complaint” and “summons” interchangeably instead of using only the proper term “summons.” We now clarify Vidal and Kwong to resolve any confusion which those opinions inadvertently may have created. We hold that under section 48.031(5), a process server must place the required notations on only the copy of the summons, and not on the copy of the complaint....

...larify Kwong accordingly. Turning to the merits of this case, because the process server here placed “the date and time of service and his or her identification number and initials” on the copy of the summons served, the process server satisfied section 48.031(5). Thus, the circuit court properly denied the defendant’s amended motion to quash service. Affirmed. 1 TAYLOR and CIKLIN, JJ., concur. . In 2011, the Florida Legislature amended section 48.031(5) as follows: "A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and, initials for all service of process.” § 48.031(5), Fla....

...titute service upon Shelly Weiss was ineffective. Del Conte Enters., Inc. v. Thomas Publ'g Co., 711 So.2d 1268 (Fla. 3d DCA 1998). Florida law is clear that substitute service must be made at the place a person actually lives at the time of service. Section 48.031(1)(a), Florida Statutes (2005), states that a person must be served at his or her usual place of abode....

...In order to obtain service of process, appellee obtained an order appointing an elisor who was an employee of appellee's law firm on a fulltime basis as an investigator. Service of process was attempted three times, the first two of which were pursuant to Section 48.031, Florida Statutes (1975) by serving the appellant's butler and caretaker at appellant's usual place of abode. Section 48.031, Florida Statutes (1975) reads as follows: "Service of original process is made by delivering a copy thereof to the person to be served with a copy of the complaint, petition or other initial pleading or paper or by leaving such copies...

...ADKINS, BOYD and ALDERMAN, JJ., concur. OVERTON, J., concurs in result only. SUNDBERG, C.J., and ENGLAND, J., dissent. NOTES [1] Art. V, § 3(b)(3), Fla. Const. (1972). [2] This was valid service under the applicable statute at the time. [3] That statute, § 48.031, Fla. Stat. (1973), is in pertinent part the same as the statute applicable in the instant case, § 48.031, Fla....

...udgment. Thereafter, Coutts filed a verified motion to set aside the default and final judgment, and to quash service of process, contending that Sabadell failed to properly effectuate service of process under the substitute service provisions of section 48.031(6)(a) Florida Statutes (2015), which provides: If the only address for a person to be served which is discoverable through public records is a private mailbox, a virtual office, or an executive office or mi...

...Southeast Banks Trust Co., N.A., 374 So. 2d 572 (Fla. 3d DCA 1979). Coutts further contends that Sabadell failed to establish proper service of process because the return of service did not include the necessary information to show compliance with the provisions of section 48.031(6)(a), which permits substitute service on a private mailbox “only if the process server determines that the person to be served maintains a [private] mailbox ....

...at that location.” However, the premise of Coutts’s argument has already been considered and rejected by the Florida Supreme Court in Koster v. Sullivan, 160 So. 3d 385, 389 (Fla. 2015), wherein the court addressed whether “the specifics regarding the manner of service as set forth in section 48.031 must be indicated in a valid return 3 of service.” Id....

...return of service of process provision (section 48.21(1), Florida Statutes (2015))2, clearly and unambiguously delineates what information must be contained in a valid return of service. The court noted that “the language of section 48.21 does not expressly incorporate section 48.031, nor does it refer to the factors contained within section 48.031(1)(a).” The court refused to engraft the provisions of section 48.031 onto section 48.21, acknowledging it “has no power to ‘extend, modify, or limit [the section’s] express terms or its reasonable and obvious implications’ by adding requirements not present in the statute.” Id....

...2d 777, 778 (Fla. 1st DCA 1968)). Accordingly, Koster held that, to be considered regular on its face, a return of service must contain the information set forth in section 48.21, but need not contain information showing compliance with section 48.031(1)(a).3 Coutts has 2 Section 48.21(1) provides: Each person who effects service of process shall note on a return-of- service form attached thereto, the date and time when it comes to hand, the date and time...

...effects the service of process may sign the return-of-service form using an electronic signature certified by the sheriff. 4 failed to distinguish Koster or to persuade us that its analysis in the context of challenge under section 48.031(1)(a) is inapplicable in the context of a challenge under section 48.031(6)(a)....

...2d 818, 818 (Fla. 3d DCA 1996). Coutts concedes that the return of service was regular on its face, containing the information required by section 48.21. Because the return of service was 3 Although Koster involved a different subsection of section 48.031, the court’s analysis and holding are fully applicable to the instant case. Section 48.031(1)(a) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or...

statute.” Aventura, Fla., City Code, ch. 48, art. 3 § 48-31(B). . For example, section 316.07456, Florida

...Petitioner now seeks review by way of certiorari. Florida Rule of Civil Procedure 1.540(b) gives five reasons for relief from judgment, one being that the judgment or decree is void. Petitioner asserts that the judgment is void because service of process was improper. Section 48.031(1), Florida Statutes (1981), provides for service by delivering a copy of the summons and complaint to the person to be served, or by leaving the copies at his usual place of abode with any person residing therein who is 15 years of age or older, and informing the person of their contents....

...of service. The record evidence, however, reflects that Pesantes' summons, in addition to providing the requisite information in English, also provided information in Spanish and French, as suggested in Form 1.902, Florida Rules of Civil Procedure. Section 48.031, Florida Statutes, and Florida Rule of Civil Procedure 1.070, which govern service of process, contain no requirement that the summons contain any language other than English....

...The Florida Rules of Civil Procedure apply to "all actions of a civil nature." Fla. R. Civ. P. 1.010. Rule 1.050 provides that civil actions are commenced when the complaint or petition is filed. Rule 1.070 provides that "[u]pon the commencement of the action, summons or other process authorized by law shall be issued." Section 48.031(1)(a), Florida Statutes (2002), states that "[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading." (Emphasis added.) Section 48.1...

...We explained that the unrebutted allegations contained in the motion to quash service and the supporting affidavit, if proven by clear and convincing evidence, would establish the lender’s failure to effect valid service of process as required by section 48.031, Florida Statutes (1991)....

...relative whom the process server sought to serve at Defendants' residence in lieu of serving the Gilberts themselves. The process server testified that he "inform[ed Bryce Gilbert] of the context [sic] of the summons. . . ." This is sufficient. See § 48.031(1)(a), Fla....

...ed because Thompson neither took affirmative action nor sought affirmative relief prior to raising the alleged defect. See Coto-Ojeda v. Samuel, 642 So.2d 587, 588 (Fla. 3d DCA 1994)(Cope, J., specially concurring). Turning to the merits, "[s]ection 48.031 expressly requires that substituted service be at the person's usual place of abode." Shurman v....

...g evidence presented to the contrary." Telf Corp. v. Gomez, 671 So.2d 818 (Fla. 3d DCA 1996). Although simple denial of service is not sufficient, id. at 819, Thompson's motion and affidavit are based on the fact that the service did not comply with section 48.031 and was therefore legally deficient....

...ed the burden on the Department to establish the validity of service of process. M.J.W., 825 So.2d at 1041. Accordingly, the cause is reversed and remanded for an evidentiary hearing to determine whether the attempted service of Thompson pursuant to section 48.031, Florida Statutes (2003), was valid....

...The defendant filed a motion to quash service and service of process. The motion argued that the defendant’s father did not reside at her home. The motion included the defendant’s affidavit attesting to that fact. According to the motion, service was invalid pursuant to section 48.031(l)(a), Florida Statutes (2010), which states, 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 complaint, petition, or other initial pleading or paper or by...

...e served; and I. The process server authenticated the affidavit of service. Based on the foregoing evidence, the circuit court determined that the defendant’s father was residing at the defendant’s home at the time of service for the purposes of section 48.031(l)(a)....

...Biehl was the person served even though he was not residing in Hovarth's house. Subsequently, a default judgment was entered against Horvath, and his motion to vacate that default was denied, giving issue to the instant appeal. Aetna concedes that the requirements of section 48.031(1), Florida Statutes, were met with the exception that Karl Biehl "did not reside at Hovarth's place of abode." Aetna claims, however, that the final judgment of default was valid because Hovarth had "actual notice" of the proceeding against him. To simplify the matter further, Hovarth does not deny that he later received actual notice from his 12-year old grandson. The only issue in dispute then is whether in order to obtain in personam jurisdiction pursuant to section 48.031(1), Aetna was required to serve a person who actually resided at Hovarth's usual place of abode. Section 48.031(1) reads: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his usual place of abode...

...However, the movant is entitled to an evidentiary hearing on a motion to quash service of process where the unrebutted allegations in the motion and supporting affidavit, if proven by clear and convincing evidence, would establish the failure to effect valid service of process as required by section 48.031, Florida Statutes....

...To the point, absent any evidentiary basis (i.e., “unrebutted allegations in the motion and supporting affidavit [that], if proven by clear and convincing evidence, would establish the failure to effect valid service of process as required by section 48.031, Florida Statutes,” Benedetto, 181 So....

process was made upon him in compliance with § 48.-031, Fla.Stat., F.S.A., and that the same was valid

KHOUZAM, Judge. Jason and Catherine McDaniel appeal the trial court’s order denying their motion to quash service of process. Because the requirements of section 48.031(6), Florida Statutes (2010), were not met in effectuating substitute service against the McDan-iels, we reverse the order denying the motion to quash....

...t the McDaniels had a registered homestead address in Florida and no service was attempted at that address. The motion was denied and the McDaniels timely appealed. In reviewing a trial court’s ruling on the sufficiency of substitute service under section 48.031(6), a de novo standard of review applies. Beckley v. Best Restorations, Inc., 13 So.3d 125, 126 (Fla. 4th DCA 2009). Section 48.031(6) provides in full: If the only address for a person to be served, which is discoverable through public records, is a private mailbox, substitute service may be made by leaving a copy of the process with the person in charge of the pr...

...court’s jurisdiction. Henzel v. Noel, 598 So.2d 220, 221 (Fla. 5th DCA 1992). The McDaniels argue that the trial court erred in denying their motion to quash service of process because First-Bank failed to comply with the statutory requirements of section 48.031(6) in serving the individual defendants in this case....

...The determination of whether service of process is sufficient is limited to “whether the requisites of the controlling statute have been complied with and such compliance appears of record.” Id. Although Napoleon was decided before the enactment of section 48.031(6), subsequent cases have upheld the same rule in various circumstances....

...Thereafter, the court entered final judgment which was not further opposed, and the Barkers effected both an interlocutory appeal as well as an appeal from the final judgment. The Barkers' claim here is that the service by mail, certified mail return receipt requested, did not comport with the requirements of section 48.031, Florida Statutes (2000) and Florida Rule of Civil Procedure 1.070....

...We have jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) to review non-final orders that determine personal jurisdiction. See Fisher v. Int’l Longshoremen’s Ass’n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002). At issue here is section 48.031(1)(a), Florida Statutes (2008), which allows for substitute service by “leaving the copies at [the defendant’s] usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their...

...Green filed a motion to quash service of process, arguing that she was not living at the Pennsylvania address at the time of service, was not served at her “usual place of abode,” and that service of process on her sister was insufficient under section 48.031, Florida Statutes....

...B.J.F., 240 So.2d 520, 520 (Fla. 4th DCA 1970). Tafur does not refute that Campo perfected personal service of her original petition upon him while he was in Florida visiting the minor children. This was sufficient to confer personal jurisdiction over him. § 48.031, Fla....

...e personally served with process. We note that all such cases were decided prior to the enactment of the Long Arm Statute and so necessarily the reference to personal service means service upon defendants within the State of Florida under Fla. Stat. § 48.031 (1973)....

...upon a defendant “at his dwelling house or usual place of abode.” Plaintiffs suggest that service was proper under the Florida Rules, made applicable by Rule 4(d) (7), F.R.C.P. They do not, however, suggest a provision authorizing such service. Section 48.031, F.S.A., refers to obtaining personal service upon the defendant or leaving the papers “at his usual place of abode.” Thus service upon Dr....

...Julio Cesar Cordova appeals a trial court order denying his motion to vacate a default judgment and the subsequent amended final judgment entered against him. Mr. Cordova argues that the trial court lacked personal jurisdiction over him because he was not served with process at his usual place of abode as required by section 48.031, Florida Statutes (2004)....

...Cordova's realtor stating that the listing agreement identified Mr. Cordova's address as Ms. Cabinallas's home. The trial court denied Mr. Cordova's motion to quash and to vacate. It later entered an amended final judgment for specific performance. Analysis Section 48.031(1)(a), Florida Statutes (2004), provides for service of process: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by...

...The unrebutted allegations 1 contained in appellant’s motion to quash service of process and the supporting affidavit, if proven by clear and convincing evidence, would establish appellee’s failure to effect valid service of process as required by section 48.031, Florida Statutes (1991)....

...the commencement of the action, summons or other process authorized by law shall be issued forthwith by the clerk or judge under the clerk’s or the judge’s signature and the seal of the court and delivered for service without praecipe.” Under section 48.031(l)(a), Florida Statutes (2010), “Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or...

...testify." The court also indicated its reluctance to issue the writ of attachment because the witness was a juvenile. The process server had not been able to locate the witness at his parents' home on several occasions, but had posted service under section 48.031(3)(b), Florida Statute....

...s interference with business relationship). However, Bank's process server's alleged comments to the tenants are not covered by absolute immunity under the litigation privilege because they were unnecessary to effectuate service of process. See § 48.031(1)(a), Fla....

...An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge. Robert Cintron, Jr., for appellant. Cynthia L. Hall, Sr. Assistant County Attorney, for appellee. Before LOGUE, C.J., and HENDON and GORDO, JJ. PER CURIAM. Affirmed. See § 48.031, Fla....

PER CURIAM. Finding that service of process was not effected as provided by section 48.031(1), Florida Statutes (1985), we reverse and remand....

Eyster was void because of noncompliance with section 48.-031(1), Florida Statutes (1985). We therefore reverse

the default."). As provided for in section 48.031(6)(a), Florida Statutes (2022): If the

PER CURIAM. Affirmed. Burnham, v. Superior Court of California, County of Marin, 495 U.S. 604 , 110 S.Ct. 2105 , 109 L.Ed.2d 631 (1990); § 48.031, Fla.Stat....

...nd the mileage allowed by law. as provided by law. Proof of such service shall be made by affidavit of the person *173 making service if not served by an officer authorized by law to do so. Committee Note: Subdivision (c) is' revised to conform with section 48.031, Florida Statutes (1979)....

...Imposition of a Life Sentence for Juvenile Offenders) and 3.802 (Review of Sentences for Juvenile Offenders). We discuss the more significant amendments to the criminal and appellate rules below. Rule 3.220 (Discovery) is amended to add the statutory reference of section 48.031, Florida Statutes, to subdivision (h)(1) (Discovery Depositions; Generally). This change is necessitated by chapter 2015-59, section 1, Laws of Florida, which went into effect on July 1, 2015. Amended section 48.031(3)(b) allows a criminal witness subpoena for appearance for a deposition to be “posted by a person authorized to serve process at the witness’s residence if one attempt to serve the subpoena has failed.” New rule 3.781...

...Except as provided herein, the procedure for taking the deposition, including the scope of the examination, and the issuance of a subpoena (except a subpoena duces tecum) for deposition by an attorney of record in the action, shall be the same as that provided in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes....

...s' motion to quash service of process in a foreclosure action filed against them by Ocwen Loan Servicing, LLC. The Navarros moved to quash, claiming that Ocwen "failed to properly complete service of process or substitute service of process." See § 48.031, Fla....

...compliance with this statute, stating the date and time the documents came to the server, when he served it, the manner of service and on whom service was made. To the extent the Davidians claimed lack of evidence of 3 compliance with section 48.031(5), Florida Statutes (2015), the record refuted this as well....

...clear and convincing evidence is presented to the contrary. Bornstein, 39 So. 3d at 503 (quoting Re-Employment Servs., 969 So. 2d at 470). In this case, the returns of service were regular on their face. They contained the information statutorily required. They were shown to comply with section 48.031 and 48.21, Florida Statutes (2015)....

...This presented a factual issue for the trial court to determine, including an issue of credibility of witnesses. Ordinarily such determinations are not disturbed on appeal. See Diaz v. State, 132 So. 3d 93, 121 (Fla. 2013). Finally, the Davidians argued that the process server failed to comply with section 48.031(1)(a), Florida Statutes (2015), because he failed to inform them of the contents of the papers he was serving on them. David Davidian testified to this at the evidentiary hearing. Section 48.031(1)(a) provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at h...

...showed the absence of the statutorily prescribed superior classes of persons who could have been served.”); Bennett v. Christiana Bank & Tr. Co., 50 So. 3d 43, 45 (Fla. 3d DCA 2010) (“The process server’s notes contain no evidence of compliance with [§ 48.031(1)(a), Fla....

...4th DCA 1982). Because Davis contested the veracity of the statements in the return of service, an evidentiary hearing was required. On remand, Davis will have the burden of proving by clear and convincing evidence that service did not meet the requirements of section 48.031, Florida Statutes (2012)....

...Such persons are not, by any reasonable construction of the statutory text, “interested persons”, “distributees”, or “claimants”. Hence, in whatever forum they were sued, they had a right to the traditional form of service of process prescribed by section 48.031, Florida Statutes (1991)....

...1 Service on CNA did not comport with section 624.422-23, Florida Statutes (2020). And Ruiz filed an unopposed affidavit stating that he was not personally served with process, and the address on the service was not his “usual place of abode.” See § 48.031, Fla....

...the resident agent, Prentice-Hall, to notify appellee, and that appellee was not personally notified of the pendency of the action against it. In Folsom, supra, Judge Grimes, in a well-reasoned opinion, held that actual notice is not required under Section 48.031, Florida Statutes....

...unty, refusing to set aside the said decree. The basic question presented for our determination in this appeal is whether the service of process upon the appellant in the earlier divorce action was legally sufficient, under former Section 47.13, now Section 48.031, Florida Statutes 1967, F.S.A., to give the said court jurisdiction over her....

ORFINGER, C.J. David and Julianne Walker appeal a non-final order entered by the trial court denying their motion to quash service of process. 1 Because the process server failed to strictly comply with section 48.031(5), Florida Statutes (2012), we reverse....

...However, the process server failed to include the date and time of service, or his identification number on any of the documents served on the Walkers. The Walkers filed a motion to quash service of process, asserting that the process server failed to comply with the terms of section 48.031(5), which provides that “[a] person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process.” § 48.031(5), Fla....

...In an attempt to collect on the final judgment, the Suarezes impleaded Raul Lopez, a shareholder and former director of Hill-crest, and Raul Lopez’s wife, Teresa Lopez. On May 1, 2000, the Suarezes served the Lopezes by serving Teresa Lopez’s daughter, Ana Maria Gonzalez, at the Lopezes’ alleged residence. See § 48.031(l)(a), Fla....

...ss on an unauthenticated driver’s license application and the statements made by the Suarezes’ attorney. As such, we reverse the denial of the motion and remand for an evidentiary hearing to determine whether the service of process complies with section 48.031(l)(a), specifically whether Ms....

...based on the mortgage foreclosure on the subject property. The case against Carus Jr. was then transferred to county court. 3  ANALYSIS A motion to quash service implicates two sections of chapter 48, Florida Statutes. Section 48.031(1)(a) directs: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or...

...g that Cove failed to file a return of service that is regular on its face. Carus also challenges the validity of the service, averring it was not served at her usual place of abode, as 4 contemplated by section 48.031, Florida Statutes....

...nt under section 48.21 because it does not contain the name of the person served. Providing a physical description of ‘John Doe’ in lieu of providing the individual’s name is insufficient compliance with section 48.21.”). 4 Second, section 48.031(1)(a) requires service to be made by leaving a copy of the pleading at the person’s “usual place of abode.” “The term ‘usual place of abode’ means ‘the place where the defendant is actually living at the time of servic...

...No Appearance for Appellee. PER CURIAM. Abner Silva, the defendant below, seeks review of an order denying his motion to set aside a default final judgment entered against him. We reverse. In this foreclosure case, substituted service of process was secured on Silva under section 48.031, Florida Statutes (2010), by serving a "Luz Rodriguez", who purportedly lived at the mortgaged property....

...Lawton, 473 So.2d 303 (Fla. 2d DCA 1985). We therefore conclude that there were insufficient contacts to bring appellant within the jurisdiction of the Florida court and that appellant was entitled to the traditional form of service of process pursuant to section 48.031, Florida Statutes (1991)....

Service shall be made “as provided by law." Section 48.031(2) provides that service of process of witness

did not properly serve him with process under section 48.031, Florida Statutes (2010). The statute provides

condominium owned by the appellant, pursuant to Section 48.-031(1), Florida Statutes (1985). We hold that mere

..., the trial court denied the motion to vacate the final judgment as to Marc and Marlon Chancelor. We must reverse since, given the evidence presented, the trial court had no choice but to find that Marc and Marlon Chancelor were not properly served. Section 48.031(l)(a), Florida Statutes, provides that a copy of the summons and complaint may be left with anyone who is fifteen years of age or older and who lives at the defendant’s “usual place of abode.” “Usual place of abode” means “...

...Appellant failed to show the existence of a meritorious defense and a legal excuse for failure to comply with the rules. See Cunningham v. White, 390 So.2d 467 (Fla. 3d DCA 1980). Further, we find that appellant properly received service of process in person under section 48.031, Florida Statutes (1991)....

...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....

SCHWARTZ, Senior Judge. The plaintiff appeals from an order quashing substituted service of process secured, purportedly under section 48.031(1)(a), Florida Statutes (2006), 1 by leaving a copy of the summons and complaint at her home with a woman who was the mother of one defendant and the mother-in-law of the other....

...substitute service on his mother at her private residence. See Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952, 955 (Fla. 2001) (holding incarcerated inmate’s “usual place of abode” is correctional facility for purposes of substitute service under section 48.031, Florida Statutes)....

...and therefore the trial court did not have jurisdiction over her. Ms. Stein also contends that she did not receive sufficient notice of the proceedings. Mr. Stein argues that substitute service made on Tonya Schneider in Tampa which is permitted by section 48.031(1) is sufficient for the trial court to obtain personal jurisdiction over Ms....

that the sheriffs shall charge `fixed' fees. Section 48.031, F. S., provides: Service of original

...Florida statutory law provides no other methods for serving an individual; unlike some states, Florida statutes do not provide for proper service of process to be made by affixing a copy to the door of the residence and following up with a mailed copy. Compare Fla. Stat. Ann. § 48.031 (West 2011) with N.Y....

...impracticable under paragraphs one, two and four of this section”). Under Florida law, a person has the legal obligation to accept service of process when service is attempted reasonably. See Haney v. Olin Corp., 245 So. 2d 9 Fla. Stat. Ann. § 48.031(1)(a) provides that “[s]ervice of original process is made by delivering a copy of it to the person to be served . . . or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.” Fla. Stat. Ann. § 48.031(2)(a) then provides that “[s]ubstitute service may be made on the spouse of the person to be served ....

...reason for being on their property – to serve Mr. Coffin with this restraining order. At that time, Ms. Coffin 10 Also by contrast, Florida statutes allow for substitute service of other types of documents. See Fla. Stat. Ann. § 48.031 (outlining general guidelines for how to serve process). It is not clear that substitute service is sufficient for proper service of a restraining order in an action by a victim of repeat violence. 11 The dissent states tha...

...Florida statutory law provides no other methods for serving an individual; unlike some states, Florida statutes do not provide for proper service of process to be made by affixing a copy to the door of the residence and following up with a mailed copy. Compare Fla. Stat. Ann. § 48.031 (West 2011) with N.Y....

...impracticable under paragraphs one, two and four of this section”). Under Florida law, a person has the legal obligation to accept service of process when service is attempted reasonably. See Haney v. Olin Corp., 245 So. 2d 9 Fla. Stat. Ann. § 48.031(1)(a) provides that “[s]ervice of original process is made by delivering a copy of it to the person to be served . . . or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.” Fla. Stat. Ann. § 48.031(2)(a) then provides that “[s]ubstitute service may be made on the spouse of the person to be served ....

...reason for being on their property – to serve Mr. Coffin with this restraining order. At that time, Ms. Coffin 10 Also by contrast, Florida statutes allow for substitute service of other types of documents. See Fla. Stat. Ann. § 48.031 (outlining general guidelines for how to serve process). It is not clear that substitute service is sufficient for proper service of a restraining order in an action by a victim of repeat violence. 11 The dissent states th...

...Id. Appellant’s argument on this point is frivolous. There is no arguable basis for an attorney to contend that the affidavit here, which was sworn before a notary public, is not an “affidavit” under the above statute. The summonses contained the notations required by section 48.031(5), Florida Statutes Appellants’ next argument concerns section 48.031(5), which provides: “A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process.” § 48.031, Fla. Stat....

...The trial court properly concluded that appellants did not carry that burden as to this claim. The alleged failure to have been advised of the contents does not invalidate service Appellants next claim that the process server failed to advise them of the content of the papers. Section 48.031(1)(a) provides in pertinent part: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leav...

...178 So. 3d at 49. Nevertheless, they contend that it applies to the substituted service on Roberta. However, the return of service states that the server served James Matthews with the papers and informed him “of their contents, pursuant to F.S. 48.031.” Although James testified that the process server said nothing else other than “have a nice day,” the trial court was not required to believe this testimony....

...In their initial brief, appellants (Mrs. Croney-Brown and her husband) argue that appellee U.S. Bank National Association (the “Bank”) failed to meet its burden of showing that it effectuated valid service of process by strictly complying with the service of process statutes. Section 48.031(5), Florida Statutes (2009), requires the process server to note the actual date and time of service on the summons....

...As to the type of service of process, appellant takes the position that, where a guardian has been appointed, service may be perfected on a minor by delivering a copy of the process, together with the complaint, petition or other initial pleading, to the guardian. §§ 48.041(2) and 48.031, Fla....

...on in whose custody the minor is and by further serving said process on the guardian ad litem or other person if one is appointed by the court to represent the minor. Subsection 2 merely provides the method of service on the guardian by reference to section 48.031....

...1962)(“[I]f there be any reasonable doubt in the matter [of vacating a default], it should be resolved in favor of granting the application and allowing a trial upon the merits of the case.”)(quoting State Bank of Eau Gallie v. Raymond, 103 Fla. 649 , 138 So. 40 (1931))). Section 48.031(1), Florida Statutes (2001), provides as follows: *908 (l)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by le...

...Upon calling, the doorman spoke to the maid (whom the process server thought resided in the apartment), and the maid told the doorman that the process server was not permitted to come up to the apartment. Id. The process server then left the summons and complaint with the doorman. ■ Id. . Interpreting section 48.031, Florida Statutes (1993), this court held, In the instant case, there is no dispute that appellant was not personally served with the summons' and complaint, nor was the summons and complaint left at his usual place of abode with any p...

...r older and informing the person of their contents. Instead, the' papers were left with an employee of the building in which appellant has an apartment. When, as here, there is no evidence that someone inside the house qualifies as a recipient under section 48.031(1), leaving process at the door is insufficient service, see Henzel v....

...Barnett Bank of Jacksonville, 386 So.2d 894 (Fla. 1st DCA 1980). Id. at 708-09. As a result, this court vacated the default against appellant and quashed service of process. Id. at 709. Similarly, in this case, there was no evidence that Connelly qualified as a recipient under section 48.031(1)....

...See Electro Engineering Products Co., Inc. v. Lewis, 352 So.2d 862 (Fla.1977); Herskowitz v. Schwarz & Schiffrin, 411 So.2d 1359 (Fla. 3d DCA 1982). Failure to record the manner of service and the name of the person served renders service within Florida insufficient, pursuant to section 48.031, Florida Statutes....

...Ward filed a motion to dismiss on the ground of lack of jurisdiction because of insufficient process and service of process. The motion was denied. Ward’s point on appeal is that service upon one other than the defendant at a place other than the defendant’s usual place of abode is not valid service on the defendant. Section 48.031, Fla.Stat., provides that, “Service or original process is made by delivering a copy of it to the person to be served with a copy of the complaint ....

...or by leaving the copies at his usual place of abode with some person of the family who is 15 years of age or older and informing the person of their contents . . . ” In our opinion, under the facts presented in this case, service was not made at the defendant’s “usual place of abode” as required by § 48.031, supra....

because service of process was not proper under section 48.031(1), Florida Statutes (1993). This court declined

that due process has not be effected. Florida Statute 48.-031(2)(a) provides that substituted service

...hat the service of process was valid.” Id. (citations omitted). “When a process server fails to strictly comply with these rules, service must be quashed.” Brown v. U.S. Bank Nat’l Ass’n, 117 So. 3d 823, 824 (Fla. 4th DCA 2013). Section 48.031, Florida Statutes (2013), governs service of process. For individual service, section 48.031(1)(a), provides: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person 2  residing therein who is 15 years of age or older and informing the person of their contents. For substitute service, section 48.031(2)(a), provides: Substitute service may be made on the spouse of the person to be served at any place in the county, if the cause of action is not an adversary proceeding between the spouse and the person t...

...Section 48.21(2) states that “[a] failure to state the facts . . . required by subsection (1) invalidates the service.” Florida courts have relied upon both the return of execution of process statute—section 48.21—and the general service of process statutes— sections 48.031 and 48.081—in determining whether a return is regular on its face....

...Compare Koster v. Sullivan, 103 So. 3d 882, 885 (Fla. 2d DCA 2012) (“[T]he determination that a return is regular on its face, no matter what type of service, is governed only by the language of section 48.21 and does not require express reference to section 48.031(1)(a) or any other statute that serves to define a specified manner of service.”), review granted, 130 So. 3d 692 (Fla. 2013), with Gonzalez v. Totalbank, 472 So. 2d 861, 864 (Fla. 3d DCA 1985) (suggesting that in addition to deficiencies in a return under section 48.21, the lack of a requirement listed in section 48.031 could make a return of service defective on its face and invalidate service). Here, the affidavits of service stated that the process server received the alias summonses on September 10th, but they were not issued until September 12th....

...However, Frank’s motion and the multiple affidavits filed in support thereof demonstrate that Lena is Frank’s mother, not his wife, and that she was not living at the residence when the service allegedly occurred. Frank’s “motion and affidavit are based on the fact that the service did not comply with section 48.031 and was therefore legally deficient,” making the affidavits of service defective on their face. See Thompson v. Dep’t of Revenue, 867 So. 2d 603, 605 (Fla. 1st DCA 2004) (finding the return of service to be “legally deficient” for not complying with section 48.031 based on the respondent’s “prima facie showing that he was not served at his usual place of abode by valid substituted service” because his sworn affidavit asserted that he was separated from his wife, had not lived at the reside...

...Strau-ser, seeks review of a trial court order denying the appellant’s motion to vacate a default and final judgment entered against him in a dissolution proceeding. In its order the trial court determined service of process on the appellant in the dissolution proceeding was legally sufficient under Section 48.031, Florida Statutes 1971, to give the court entering the default and final judgment jurisdiction over the appellant....

to the witness’ wife, it is proper service. Section 48.031, Florida Statutes (1976). This missing witness

...ved to quash service of process. He alleged that the new Hollywood address was a “virtual business office for numerous companies that use the workplace on a flexible contract basis.” He also alleged that it was not his usual place of abode under section 48.031, Florida Statutes. State Farm filed an affidavit attesting that it made a diligent search and inquiry to discover the defendant’s residence....

...The court’s order indicated that copies were furnished by e-service to attorneys, including defendant’s counsel. Neither the defendant nor his counsel appeared at the hearing. The court denied the defendant’s motion to quash service, finding the October 24, 2012 service was proper under FS 48.031(6)....

...The defendant now appeals. The defendant argues State Farm failed to meet its burden to strictly comply with the statutory requirements for substitute service. He asserts that substitute service was not properly made on him at a private mailbox pursuant to section 48.031(6), Florida Statutes....

...Aragon Galiano Holdings, LLC, 16 So. 3d 1009, 1011 (Fla. 3d DCA 2009). The burden in proving “the validity of service of process is on the party seeking to invoke the court’s jurisdiction.” McDaniel v. FirstBank P.R., 96 So. 3d 926, 928 (Fla. 2d DCA 2012). Under section 48.031(6), Florida Statutes: If the only address for a person to be served, which is discoverable through public records, is a private mailbox,[1] substitute service may be made by leaving a copy of the process with the person in charge of the private mailbox, but only if the process server determines that the person to be served maintains a mailbox at that location. § 48.031(6), Fla....

...Id. On appeal, the plaintiff argued substitute service was proper because it first made a diligent effort to serve the defendants at the addresses discoverable through public records. Id. We held: The plain language of the statute leads us to conclude that substitute service on the Defendants pursuant to section 48.031(6), Florida Statutes (2008) is limited to those instances where the only address discoverable through the public records to effect service is a private mailbox maintained by the party to be served. Here, private mailbox service pursuant to section 48.031(6), Florida Statutes (2008) was not an appropriate method of substitute service on the Defendants because the Plaintiff did not prove that the only address for the Defendants, which was discoverable through publ...

...one address through public records at which to serve the Defendants, and unsuccessfully attempted to serve them at that address. Id. at 126–27 (internal citations omitted). State Farm also failed to meet the requirements of section 48.031(6). The trial court found that the Hollywood address was the only address discoverable through public records, but the evidence is contrary to this finding....

...State Farm’s affidavit of diligent search listed multiple addresses where the process server attempted service. Although State Farm unsuccessfully attempted to serve the defendant at the other addresses, that is insufficient to invoke service under section 48.031(6).2 See Beckley, 13 So....

...kstein effected valid service of process on Melvin Rokeach, and that Mr. Rokeach failed to demonstrate excusable neglect in support of his motion to vacate default and for relief from final judgment. As to Susan Rokeach, service was sufficient under section 48.031(l)(a), Florida Statutes (1997)....

...ontano v. Montano, 472 So. 2d 1377, 1378 (Fla. 3d DCA 1985). We have no such clear and convincing evidence to undermine the presumptively valid service here. Under the facts of this case, the process server complied with the service statute. See § 48.031, Fla....

...the papers therefrom, and return to the house”); see also Olin Corp. v. Haney, 245 So. 2d 669, 670–71 (Fla. 4th DCA 1971) (explaining that where a person flees from a process server “in a deliberate attempt to avoid service of process, the delivery requirement of [section 48.031] ....

...After the taking of such further evidence as presented the court shall determine the amounts due the appellants, if anything, and shall order the amount found to be an equitable lien upon the interest of the appellees or either of them in the real property involved. Reversed and remanded with directions. . See F.S. § 48.031, F.S.A....

...e of the lawsuit against Sadlak or the nature of the lawsuit, and it didn’t specify where Sadlak was served. To be regular on its face, the return of service must meet the requirements of the relevant method-of-service statute – in this case, section 48.031 – and the “Return of execution of process” statute (section 48.21). See Vives v. Wells Fargo Bank, N.A., 128 So. 3d 9, 15 (Fla. 3d DCA 2012) (“[T]he verified return of service is not regular on its face because it fails to satisfy the requirements set forth in sections 48.031(1)(a) and 48.21.”); Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177, 180-81 (Fla. 3d DCA 2011) (“[T]he verified returns of service were regular on their face, containing all of the information in compliance with the specific requirements of section 48.031(1)(a)....

...execution of the process and the name of the person served.” (quotation omitted)). “A process server’s return which is regular on its face is presumed valid absent clear and convincing evidence to the contrary.” Vives, 128 So. 3d at 14 (quotation omitted). Section 48.031(1)(a) provides that “[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper.” § 48.031(a)(1), Fla....

...service of process. Id. § 48.21(1). The return of service, here, meets these requirements. The return, contrary to Sadlak’s claim, says that the process server delivered the summons, complaint, and lis pendens, which complied with the requirement in section 48.031(1)(a) that “[s]ervice of original process [be] made by delivering a copy of it to the person to be served with a copy of the complaint.” 3  While sections 48.031(1)(a) and 48.21(1) do not require that the return of service list the title of the case and describe what it is about, the return here did those things too....

...vs. Defendant Sandra Sadlak, et al,” and provided the case number. And the return of service stated that Sadlak was served with the complaint, which spelled out the allegations and the nature of the lawsuit. Finally, even though sections 48.031(1)(a) and 48.21(1) do not require that the return list the exact delivery location of the summons and complaint when they are delivered in person, the return here provided the exact location....

...judgment.” Statutes governing substitute service of process must be strictly complied with, and such provisions are to be strictly construed. Robles-Martinez 7 v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011). Under section 48.031(1)(a), Florida Statutes (2012), substitute service of process may be made on a defendant by leaving copies of the relevant documents “at his or her usual place of abode with any person residing therein who is 15 years of age or ol...

...They argue the summonses with which they were served were defective because neither contained the deputy clerk’s signature or the circuit court’s official seal as required by Florida Rule of Civil Procedure 1.070(a). Appellee, Fannie Mae, properly concedes error. See Fla. R. Civ. P. 1.070(a); § 48.031(1)(a), Fla....

...Because the appellee can hardly be said to have been "actually living [there] at the time of service," Panter v. Werbel-Roth Securities, Inc., 406 So.2d 1267, 1268 (Fla. 4th DCA 1981), we agree with the trial court that the Dade County residence is not his "usual place of abode," under section 48.031(1), Florida Statutes (1983)....

...Kistner, 257 Iowa 968, 135 N.W.2d 545 (1965) (home where prisoner resided before imprisonment and where wife and children still live is his "usual place of abode"). Accordingly, the order quashing the substituted *1050 service of process attempted at that address through the appellee's wife is Affirmed. NOTES [1] Section 48.031(1) provides: 48.031 Service of process generally....

...Barnett Bank, 386 So.2d 894 (Fla. 1st DCA 1980) (process server’s testimony as to what others told her was inadmissible hearsay). Since there was no competent testimony establishing that the address served was Weinstein’s usual place of abode, see § 48.031, Fla.Stat....

...er of her status as third-party defendant and default judgment was subsequently entered against appellant. This proceeding challenges the court’s jurisdiction to enter that default judgment. Service was attempted here pursuant to the provisions of § 48.031, F.S.1973, which provides in material part as follows : “Service of original process is made by delivering a copy thereof to the person to be served ......

...s not qualified to accept service for defendant). If the allegations in Dr. Monsour’s and his son’s affidavits are true; Balk did not obtain service on Dr. Monsour. Balk argues that he obtained substituted service by serving Dr. Monsour’s son. Section 48.031(1)(a), Florida Statutes (1995), provides for service of process by delivery to the person at their regular abode with any person residing therein who is fifteen years or older....

server’s identification number as required by section 48.031(5), Florida Statutes (2023), and Florida Rule

service of process, we find that the requirements of § 48.031,1 Fla.Stat., F.S.A. were not complied with in

...omplaint, Petition, or initial pleading, at the defendant’s usual place of abode, on a person residing therein of the age of fifteen (15) years or older, to-wit: Lydia Vasquez, person residing therein, informing such person of the contents.” See § 48.031, Fla.Stat....

served, as required by section 48.031. The cross-reference note to section 48.031 un*342der section 901

...So far as is pertinent here, service of process may be made by delivering a copy of it to the defendant “or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.” § 48.031(l)(a), Fla....

...In their motion to quash, the Ceperos claimed they had not been properly served because “[t]he person who attempted to deliver the subject papers failed to inform both Defendants of the contents of the documents delivered, which is contrary to Florida Statute § 48.031(1)(a) . . . .” They also challenged the attempted substitute service on Leslie because it was at a location that was not her usual place of abode and which she had not requested. They argued that this was not in compliance with section 48.031(2), Florida Statutes (2013)....

...which might be presented in an answer. Greene v. Lifestyle Builders of Orlando, Inc., 985 So. 2d 588, 598 (Fla. 5th DCA 2008). On the merits of the claim, however, we reverse only as to Leslie. The motion alleged that service was improper under section 48.031(2)(a), Florida Statutes (2013), because Leslie never gave consent for Raul to accept service of process for her at a place other than her usual place of abode....

...Leslie testified that she did not authorize Raul to accept service, and the Bank offered nothing to contradict this. Therefore, the court erred in failing to quash service of process on her. But as to Raul, we conclude that service was proper. Raul argued that pursuant to section 48.031(1)(a), Florida Statutes (2013), service on him was improper because the process server failed to inform him of the contents of the complaint....

...In their motion to quash, the Ceperos claimed they had not been properly served because “[t]he person who attempted to deliver the subject papers failed to inform both Defendants of the contents of the documents delivered, which is contrary to Florida Statute § 48.031(1)(a) . . . .” They also challenged the attempted substitute service on Leslie because it was at a location that was not her usual place of abode and which she had not requested. They argued that this was not in compliance with section 48.031(2), Florida Statutes (2013)....

...which might be presented in an answer. Greene v. Lifestyle Builders of Orlando, Inc., 985 So. 2d 588, 598 (Fla. 5th DCA 2008). On the merits of the claim, however, we reverse only as to Leslie. The motion alleged that service was improper under section 48.031(2)(a), Florida Statutes (2013), because Leslie never gave consent for Raul to accept service of process for her at a place other than her usual place of abode....

...Leslie testified that she did not authorize Raul to accept service, and the Bank offered nothing to contradict this. Therefore, the court erred in failing to quash service of process on her. But as to Raul, we conclude that service was proper. Raul argued that pursuant to section 48.031(1)(a), Florida Statutes (2013), service on him was improper because the process server failed to inform him of the contents of the complaint....

...� Id. (quoting Seymour v. Panchita Inv., Inc., 28 So. 3d 194, 196 (Fla. 3d DCA 2010)). Because no summons was ever served on Inexa, the foreign defendant in this case, Freytech failed to comply with Florida’s service requirements. See § 48.031(1)(a), Fla. Stat. (2016) (providing that “[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint”); Nirk v. Bank of America, N.A., 94 So. 3d 658, 659 (Fla. 4th DCA 2012) (“By section 48.031(1)(a)’s plain language ....

...int, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents. . . . § 48.031(1)(a), Fla....

...on defendant Quinn (her husband), the process server testified that, pursuant to his usual practice, he told Quinn he was serving a summons 2 and complaint which needed to be responded to within twenty days. Section 48.031(1)(a) requires no further specificity. Affirmed. STEVENSON, TAYLOR and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing....

...ntiary hearing on a motion to quash service of process where the unrebutted allegations in the motion and supporting affidavit, if proven by clear and convincing evidence, would establish the failure to effect valid service of process as required by section 48.031, Florida Statutes....

...The reason stated by the court in its order of quashal was that: “Robert Cherry is not a ‘person of the family’ within the purview of the Substituted Service Statute. It is the opinion of this court that the plain language of the Florida Statute 48.031 requires service upon a ‘member of the family’ and that the Legislature did not intend to extend the acceptance of substituted service under Florida Statute 48.031 to a person other than a member of the family and if they had intended otherwise, they would have used the term ‘individual’ rather than ‘member of the family’.” It is appellant’s contention that the trial court erred in construing...

...s identification number, or his initials on any of the documents served on the Schofields. The Schofields filed a motion to quash service of process and a verification of pleading, asserting that the process server failed to comply with the terms of section 48.031(5), Florida Statutes (2009)....

...umber and initials for all service of process.” The trial court entered an order denying the Schofields’ motion. The Schofields argue that the trial court should have granted their motion to quash because the process server failed to comply with section 48.031(5)....

...the Florida Rules of Civil Procedure, the procedure for taking the deposition, including the scope of the examination, and the issuance of a subpoena for deposition by an attorney of record in the action, shall beis the same as that provided in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes....

...that several counts were duplicative of assertions made by Pawley in prior proceedings, were barred by Pawley’s failure to timely file a statement of claim, or otherwise failed to state a cause of action. Upon our careful review of the record, we affirm the order in all respects. § 48.031, Fla....

...re, the procedure for taking the deposition, including the scope of the examination, and the issuance of a subpoena for deposition by an attorney of record in the action, shall be the same as that provided in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes....

...ervice of process. 1 Ottawa moved in the trial court to quash service of process on the basis that U.S. Bank’s process server failed to identify the date and time of service on the summons and did not initial or sign the summons, as required by section 48.031(5), Florida Statutes....

place of abode,” as that term is utilized in section 48.031(l)(a), Florida Statutes (1997), was at the

...The un-rebutted allegations contained in appellant’s motion to quash service of process and the supporting affidavit, if proven by clear and convincing evidence, would establish appellee’s failure to effect valid service of process as required by section 48.031, Florida Statutes (1991)....

...In the Texas suit the husband purportedly obtained substituted service upon the wife.... The wife argues that the husband’s service upon the wife was not valid because the substituted service was on an office receptionist at the wife’s place of business and not upon any of the persons designated in section 48.031, Florida Statutes (1985)- The wife entered a special appearance in Texas and filed a motion contesting the jurisdiction of the Texas court....

...We reverse and remand because the City of West Palm Beach did not prove that substitute service of process was properly made on him. A judgment entered based on invalid service of process is void. Weiss v. Mashantucket Pequot Gaming Enter., 935 So. 2d 69, 71 (Fla. 3d DCA 2006). Section 48.031(1)(a), Florida Statutes (2013), requires that the person be served or that the process server leave “copies at [the person’s] usual place of abode with any person residing therein who is 15 years of age or older and informing the p...

service can be made “by delivering a copy of” it. Section 48.031 Florida Statutes (1975). In consequence the

...judgment which it had previously rendered was void ab initio. Plaintiffs appeal from that order. An examination of the record on appeal reflects that service of process was attempted on the defendant Hyman Berman pursuant to § 47.13, Fla.Stat., now § 48.031, Fla.Stat., F.S.A....

...under review, which denies Epstein’s motion to dismiss and orders him to file his answer or response within 20 days. This timely appeal followed. 3 III. ANALYSIS Ordinarily, service of process is governed by section 48.031(1)(a), Florida Statutes (2018), which provides as follows: (1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petiti...

...Minors who are or have been married shall be served as provided in this section. Brunel and MC2 did not attempt to serve Epstein at his “usual place of abode” in the Virgin Islands. Instead, they attempted substitute service pursuant to section 48.031(2)(b): (b) Substitute service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by serving the pe...

...Christiana Bank & Trust Co., 50 So. 3d 43, 45 (Fla. 3d DCA 2010))); 4 Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177, 179 (Fla. 3d DCA 2011) (“Service made under the substitute service provisions of section 48.031, Florida Statutes, must be strictly complied with, and these provisions are to be strictly construed.”). Here, service of process was improper because Brunel and MC2 did not strictly comply with section 48.031. In order for substitute service to be made under section 48.031(2)(b), an individual must be doing business as a sole proprietorship. Brunel and MC2 concede that Epstein is not the owner of a sole proprietorship, so substitute service under 48.031(2)(b) is unavailable.1 Brunel and MC2 attempt to excuse strict compliance by arguing that the legislature could not have contemplated a lifestyle like Epstein’s. But Brunel and MC2 never tried to serve Epstein at his place of abode.2 Moreover, as explained in 1 Service was improper for a number of other reasons. For instance, even if Epstein were doing business as a sole proprietorship, section 48.031(2)(b) requires two attempts to serve the owner at the place of business before serving the person in charge....

no effective service within the meaning of Section 48.-031, Florida Statutes (1979). The trial court erred

...Unless a provision of this rule conflicts with the Florida Rules of Civil Procedure, the procedure for taking the deposition, including the scope of the examination, and the issuance of a subpoena for deposition by an attorney of record in the action, is the same as that provided in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes....

...evidence, would show that the plaintiff failed to effect valid service. Linville v. Home Sav. of Am., FSB, 629 So. 2d 295, 296 (Fla. 4th DCA 1993). Appellant’s motion to quash and accompanying affidavit adequately challenged the process server’s failure to comply with section 48.031, Florida Statutes (2015). See Nirk v. Bank of Am., N.A., 94 So. 3d 658, 659- 660 (Fla. 4th DCA 2012) (holding that section 48.031(5), Florida Statutes (2010) required the information to appear on the copy of the summons); see also Romeo v....