Florida/Georgia Personal Injury & Workers Compensation

...the general public. In the holding that there was no jurisdiction over the defendant publishing company, the court stated: "In order to authorize service under § 47.16(1) [now § 48.181(1)], upon the Secretary of State as provided by § 47.30 [now § 48.161], the party attempting to perfect such service must demonstrate either (1) that the foreign corporation has some degree of control over the personal property referred to in § 47.16(2) [now § 48.181(3)] supra, in the hands of the `brokers,...

...rring on July 19, 1965. Florida Statutes *420 § 48.182, F.S.A. (set out supra footnote 2), sought to be used to obtain service on the defendant, was enacted in 1970 and has an effective date of July 1, 1970. Service attempted under Florida Statutes § 48.161 and § 48.181, F.S.A. was quashed by the United States District Court. No question has been raised on appeal or in this certificate concerning § 48.161 or § 48.181....

...Moody, 421 F.2d 884 (5th Cir.1970) (purchase of a pleasure boat held to constitute "doing business"). It is submitted that this decision is an incorrect interpretation of Florida law, see Bayitch, supra note 7, 26 U.Miami L.Rev. at 18. [9] See Florida Statute § 48.161 (1971), F.S.A....

...The original complaint failed to allege that appellant was a non-resident, and while appellees sent the summons to the Florida Secretary of State, they failed to send notice of service to appellant or file an affidavit of compliance in accordance with section 48.161, Florida Statutes (1989)....

...Appellees' first attempt at service on appellant was legally insufficient because they failed to allege his non-residency or that he was concealing himself. Wiggam v. Bamford, 562 So.2d 389, 390 (Fla. 4th DCA 1990). The second attempt at service was also legally insufficient. Section 48.161, Florida Statutes (1989), provides in pertinent part: (1)......

...f process. (Doc. 26) For the reasons stated below, the motion to reconsider and the motion to quash service of process are GRANTED. I. Procedural Background On May 26, 1989, plaintiffs attempted to serve Nissan Ltd. with process pursuant to Sections 48.161 and 48.181, Florida Statutes (1987), which provide for a method of substituted service of process. Specifically, plaintiffs served the Florida Secretary of State with the summons and complaint, and as provided for in Section 48.161, plaintiffs then sent Nissan, Ltd., by certified mail to Japan, an English-language copy of the summons and complaint....

..."If the internal law of the forum state defines the applicable method of serving process as requiring the transmittal of documents abroad, then the Hague Service Convention applies." At ___, 108 S.Ct. at 2108, 100 L.Ed.2d at 731. The applicable Florida law here comes from Section 48.161, Florida Statutes (1987), "Method of substituted service on nonresident," and Section 48.181, "Service on nonresident engaging in business in state." The latter section provides that where a defendant engages in business within Florida, the Secretary of State is the agent for process in any action involving such business. § 48.181(1), Fla.Stat. (1987). The procedure for accomplishing service on the Secretary of State is set out in Section 48.161....

...The plaintiff must provide a copy of the process and a $5.00 fee with the Secretary of State. In addition, "[n]otice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his attorney to the defendant ...." § 48.161, Fla....

...ivil Procedure 1.500(d) and 1.540(b)(4), upon the grounds that: (a) service of process was invalid in that plaintiff, in attempting to utilize the method of substituted service, failed to file the requisite affidavit of compliance in accordance with Section 48.161, Florida Statutes (1977); and (b) insufficient facts were alleged in the complaint to justify the use of substituted service over a nonresident doing business in Florida....

...We entirely agree with the trial court's determination that the default judgment was void. In Rever v. Lapidus, 151 So.2d 61 (Fla. 3d DCA 1963), this court held that the affidavit required by Section 47.30, Florida Statutes (1963) (the predecessor to Section 48.161, supra ), is jurisdictional and completion of service without it is not sufficient....

...We agree and reverse, because the allegations of the complaint concerning service were not sufficient to invoke substituted service over the appellant, and the plaintiff did not produce a return receipt for certified mail signed by the appellant in compliance with section 48.161, Florida Statutes....

...erver, or, in the alternative, after diligent search and inquiry, Defendant is a non-resident of the State of Florida or Defendant is concealing his whereabouts and avoiding service of process and is being served within the scope of Florida Statutes 48.161 and 48.171." The original summons was issued on September 29, 2008, listing Hernandez's last known address, but State Farm was unable to perfect personal service on Hernandez....

...erfect substitute service upon him. State Farm responds that it filed all the required documents to prove that it had perfected substituted service upon Hernandez and that its complaint alleged sufficient grounds in support of service under sections 48.161 and 48.171, Florida Statutes....

...This requires the plaintiff to "allege in his complaint that the defendant was a non-resident, or a resident of Florida who subsequently became a non-resident, or a resident of Florida concealing his whereabouts." Journell v. Vitanzo, 472 So.2d 827, 828 (Fla. 4th DCA 1985). Second, the service must strictly comply with section 48.161, which sets forth the method of substituted service of process....

...ading requirement. It alleged that Hernandez was either being personally served or after diligent search and inquiry that he was a non-resident or was concealing *699 his whereabouts and avoiding service, thus supporting service pursuant to sections 48.161 or 48.171....

...ing requirements of the statute would be meaningless. In addition to failing to properly plead the basis for seeking substitute service, State Farm also failed to comply with the statutory notice requirements for perfecting substitute service. Under section 48.161, the plaintiff must serve the Secretary of State and mail a copy of the summons and complaint to the defendant by registered or certified mail. See Wise v. Warner, 932 So.2d 591, 593-94 (Fla. 5th DCA 2006) (holding that substitute service was not perfected where "the record reflects no attempt by Warner to serve Wise by registered or certified mail"). "Section 48.161, Florida Statutes, requires that the process be sent to the defendant via certified or registered mail, the receipt of which must be evidenced by the defendant's return receipt....

...Appellees Henry Duzinski and Irene Duzinski are the parents of Andrew Duzinski. They filed suit in the Circuit Court of Okaloosa County, alleging that defendant, appellant here, was subject to service of process under Florida's "long-arm statutes", specifically F.S. 48.161, 48.181 and 48.182....

...Horace contends that his only act in Florida was to sign a guaranty and under the holding in Odell v. Signer, Fla.App. 1964, 169 So.2d 851, such act was not sufficient to constitute "carrying on or engaging in a business or business venture" within the meaning of F.S. Section 48.161, F.S.A....

...Failing in their efforts to effect personal service of process on appellant, in an action arising out of an automobile accident, appellees resorted to substituted service of process. The trial court determined that appellees had complied with the requirements of sections 48.161 and 48.171, Florida Statutes (1987), and refused to dismiss the action....

...The present case falls within that exception as it involves representation during, not after, the action. We adhere to the views expressed in Mercado. Although the plaintiffs/appellees did make some effort to locate the defendant, their attempts do not rise to the level of due diligence required by section 48.161, Florida Statutes (1987)....

...At this point — particularly upon appropriate attack — the trial court must turn to the record for determination of whether service has been perfected as required by law. The record establishes (in fact, the appellee concedes) that there was neither an affidavit of compliance by plaintiff or his attorney as required by Section 48.161 [4] (including a return receipt of certified or registered mailing) nor was there an appropriate officer's return showing service as alternatively authorized by Section 48.161 or as singularly required by Section 48.194....

...Sections 48.181(1) or 48.193(1)(a). If the plaintiff chooses substituted service on the Secretary of State under Section 48.181(1), then perfection of such substituted service requires full compliance with one of the alternative methods provided by Section 48.161. Section 48.161 requires such substituted service be perfected and evidenced by either: (1) registered or certified mailing to the nonresident of both a notice of such substituted service and a copy of the process, evidenced by the filing of the nonre...

...[3] See, e.g., Drake v. Scharlau, 353 So.2d 961 (Fla.2d DCA 1978); Hartman Agency, Inc. v. Indiana Farmers Mutual Insurance Company, 353 So.2d 665 (Fla.2d DCA 1978); Esberger v. First Florida Business Consultants, Inc., 338 So.2d 561 (Fla.2d DCA 1976). [4] 48.161 Method of substituted service on nonresident....

...Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees. OTT, Judge. Appellant is a Swiss corporation. It was served with process in the proceedings below by substituted service upon the Florida Secretary of State, under the provisions of Section 48.161 and 48.181, Florida Statutes....

...Consequently, we are not concerned on this appeal with the question of the propriety of substituted service. [2] Here, there were co-addresses, Mr. Hans Fry and George Fischer, Limited. Appellant seems to believe that the notice and process referred to in § 48.161 must be sent to some officer of a corporation upon whom process may be served....

...: 1) the complaint must allege the ultimate facts bringing the defendant within the purview of the statute, see Fla. R. Civ. P. 1.070(h); Farouki v. Attel et Cie, 682 So.2d 1185, 1186 (Fla. 4th DCA 1996), and 2) the service must strictly comply with section 48.161, Florida Statutes (2000), which sets forth the method of substituted service of process....

...efendant to be personally served, due process values require strict compliance with the statutory requirements. Id.; see also Wyatt v. Haese, 649 So.2d 905, 907 (Fla. 4th DCA 1995); Chapman v. Sheffield, 750 So.2d 140, 142 (Fla. 1st DCA 2000). Under section 48.161, the plaintiff must serve the secretary of state designated in section 48.171 and mail a copy of the summons and complaint to the defendant by registered or certified mail. "The plaintiff must then file the return receipt for the papers mailed to the defendant along with an affidavit showing compliance with the applicable statute." Chapman, 750 So.2d at 142; see § 48.161(1), Fla....

...In response, the plaintiff contends that the Affidavit of Diligent Search was sufficient as it properly showed that the plaintiff undertook reasonable efforts to locate the defendants. The plaintiff further contends that her Affidavit of Compliance with sections 48.171 and 48.161 and her Affidavit of Diligent Search cured any defects in the complaint....

...tate as the agent for a resident defendant who has concealed his whereabouts and caused injury by the ownership, operation, or control of a motor vehicle within the state. [1] Procedural requirements for effecting substituted service are outlined in section 48.161, Florida Statutes (2001)....

...or by or through his or her servants, agents, or employees, . . . constitutes the Secretary of State his or her agent for the service of process in any civil action begun in the courts of the state.... § 48.171, Fla. Stat. (2001). [2] According to section 48.161, the plaintiff must serve the Secretary of State and mail notice of service and a copy of process to the defendant by registered or certified mail. The plaintiff is then required to file with the court both the return receipt for the documents mailed to the defendant and an affidavit of compliance with applicable statutes. See § 48.161, Fla....

..., in and of themselves, to constitute carrying on or engaging in a business or business venture so as to enable Florida courts to obtain personal jurisdiction over non-residents by service of process under Section 47.16, Florida Statutes (1963) (now Section 48.161, Florida Statutes (1973))....

...Section 48.171, the applicable statute in this case, designates the Secretary of State as the agent for a nonresident defendant who has caused injury by the ownership or operation of a motor vehicle within the state. The method of effecting substituted process is outlined in section 48.161, Florida Statutes....

...py of the summons and complaint to the defendant by registered or certified mail. The plaintiff must then file the return receipt for the papers mailed to the defendant along with an affidavit showing compliance with the applicable statute. Sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally served....

...The party making substituted service of process must show that the conditions exist to invoke the applicable statute and that the procedural *143 requirements of the statute have been met. In the present case, the Sheffields failed to present the required evidence that Chapman had received the summons and complaint. Section 48.161 provides in material part that the party making substituted service must file a copy of "the defendant's" return receipt....

...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. In contrast, section 48.161, Florida Statutes contains no provision authorizing a representative to accept service by certified mail on the defendant's behalf.

...nt, whichever period is shorter. 28 U.S.C. § 1446(b) (emphasis added). It is plaintiff's position that the thirty-day removal period was triggered on September 15, 1986, when defendant received substituted service of process pursuant to Fla.Stat. §§ 48.161, 48.181 (1985)....

...A review of the chronological progression in the instant case indicates that the complaint was served upon defendant by certified United States Mail, return receipt requested, on September 15, 1986. See Plaintiff's Attorney's Affidavit of Compliance with Sections 48.161 and 48.181, Florida Statutes and exhibits attached thereto. Plaintiff's attempted effectuation of substituted service of process was technically flawed, however, in that she failed to file a return receipt and affidavit of compliance by the return day of process as required by Florida law. See Fla.Stat. § 48.161 (1985)....

...Eshleman was a resident of Dade County. The record of the proceedings, as revealed by the appendix filed by the appellants, shows that upon the institution of the action substituted service was attempted upon the said nonresident defendants, as authorized under §§ 48.171 and 48.161 Fla....

...rt denied the motion to transfer. The motions filed by the defendants presented questions to be determined by the trial court regarding the form of the summonses which were issued and as to whether there was compliance with the procedure outlined in § 48.161 Fla....

...The complaint herein was related to the conduct of appellant's business, so service on the Secretary of State was proper in the first instance. Appellant does not contest the service of process on the Secretary of State, but rather complains that notice of such service was not sent to it pursuant to § 48.161, F.S. 1971, F.S.A., which reads in pertinent part as follows: "48.161 Method of substituted service on nonresident....

...nt for the service of process. Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his attorney to the defendant ... ." (Italics added.) Appellee admits that the "notice" portion of § 48.161 was not complied with but contends it need not be when service is had under § 48....

...161, supra, by its terms sets forth the method of substituted service on nonresidents in all those situations. Neither section is complete in itself and must, therefore, be read in pari materia with the other. Having found that appellee should have complied with the notice requirements *33 of § 48.161, we also have no difficulty in finding the omission a jurisdictional defect....

...It is the latter under which the trial court now apparently asserts jurisdiction over her person. According to the affidavit of compliance filed by the attorney for plaintiff Graves, substituted service was effected under the provisions of Sections 48.161 and 48.181, Florida Statutes....

...the Secretary of State as Deborah Turcotte's agent for substituted service of process, and therefore the service is fatally defective. Bejar v. Garcia, 354 So.2d 964 (Fla. 3d DCA 1978); Drake v. Scharlau, 353 So.2d 961 (Fla. 2d DCA 1978). Secondly, Section 48.161, Florida Statutes, requires that the process be sent to the defendant via certified or registered mail, the receipt of which must be evidenced by the defendant's return receipt....

...this action. The allegations in the complaint indicate the various torts allegedly committed by Seebach III. Moreover, the alleged tortious conduct as set forth in the complaint fulfill the necessary elements required to fall within the language of § 48.161 Fla.Stat....

...Since strict compliance with the substituted service statute is required, the order denying the motion to dismiss and to quash service of process is reversed for failure of the plaintiff to timely file the affidavit of compliance with the statute governing substituted service upon nonresidents. § 48.161(1), Fla....

...lified to do business in the State of Florida, but had *343 been and was doing business within this state, and stating that substituted service was to be obtained on the corporation. The method employed for obtaining service was that provided for by § 48.161 Fla....

...Appellant specifically contends that the trial court erred in denying its motions because (a) Simantob was not engaged in a business or a business venture within the meaning of § 48.181, Florida Statutes (1977), [2] so that service of process pursuant to § 48.161, Florida Statutes (1977) [3] was insufficient to confer jurisdiction upon the trial court, and (b) the allegations contained in the affidavit filed by the appellee failed to meet the burden of proof required to show the propriety of substituted service of process under the long-arm statute....

...The acceptance of the privilege is signification of the agreement of the persons and foreign corporations that the process against them which is so served is of the same validity as if served personally on the persons or foreign corporations." [3] "48.161 Method of substituted service on nonresident "(1) When authorized by law, substituted service of process on a nonresident or a person who conceals his whereabouts by serving a public officer designated by law shall be made by leaving a copy of...

...rule's concern with inordinate delay in effectuating valid service. Id. Here, Nationsbank does not dispute that serving Berezin with the summons and complaint by mail was improper service of process. See, generally, Fla.R.Civ.P. 1.070(i); Fla. Stat. § 48.161 (1997)....

...Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ. PEARSON, Judge. The defendant, Manuel Green, brings this interlocutory appeal from an order which denied his motion to quash service of process. The service of process was attempted pursuant to § 48.161, Fla....

...e previously cited sections. The motion was denied and this appeal followed. The question is whether the affidavits and the attached exhibits are sufficient to demonstrate that the appellant was served with process in accordance with §§ 48.171 and 48.161....

...r of disbursement. Although several issues have been raised on appeal, the issue of proper service is dispositive. All parties agree that the appellants were not served individually with process. They all agree that service was attempted pursuant to § 48.161, Florida Statutes (1991) and § 48.181, Florida Statutes (1991)....

...He did not allege that they were engaged in business in Hernando County and that the cause of action arose from their business activities. The ownership or maintenance of property does not constitute a business or a business venture in accordance with section 48.161, Florida Statutes (1991)....

...Therefore, Ruthenberg did not allege that appellants conducted business activities that gave rise to this cause of action, there was no jurisdiction and substituted service was not perfected. Even if Ruthenberg had made the correct allegations, he still failed to meet the requirements of section 48.161 for effecting substitute service. Sections 48.161 and 48.181 must be read together for service to be effective. See Atlas Van Lines, Inc. v. Rossmoore, 271 So.2d 31, 32 (Fla. 2d DCA 1972). To be perfected, service must be had under one of the methods in section 48.161. P.S.R. Assocs. v. Artcraft-Heath, 364 So.2d 855, 857-58 (Fla. 2d DCA 1978). To meet the requirements of section 48.161, a notice of the substituted service and a copy of the process must be sent by registered or certified mail to the defendant or the defendant's attorney and the nonresident's delivery receipt from a certified letter and an affidavit of compliance must be filed with the court....

...v. Tamarac Club. Inc., 537 So.2d 154, 155 (Fla. 4th DCA 1989). These errors were not slight and the complaint should be dismissed without prejudice. See Chase Manhattan, 343 So.2d at 937. It is clear that Ruthenberg did not meet the requirements of section 48.161....

...Leviten and Allstate Insurance Company, defendants in the trial court, urge reversal of that court's order denying their motion to quash service of process on Ms. Leviten. They contend that plaintiff-appellee has failed to adhere to the requirements of Sections 48.161 and 48.171, Florida *113 Statutes [1977] in that he has not evinced due diligence in endeavoring to make substituted service....

...ich deal with persons residing in Dade County, and file the results of his investigation with the court by way of affidavit. Although appellants assert that the mere fact that defendant's return receipt was never filed with the court, as required by Section 48.161, is a sufficient basis upon which to reverse the ruling below, this is not necessarily so....

...Sarasota Ltd. v. Zaun Equipment, Inc., supra . II. Rosenberg fares no better. His sole complaint is that notwithstanding that the certified mail addressed to him was returned by the post office marked "REFUSED," substituted service of process under Section 48.161, Florida Statutes (1979), was invalid in light of his sworn statement that he did not refuse this mail nor instruct anyone to refuse it on his behalf....

...3d DCA 1968) (no showing of connection between defendant and address to which letter sent); and (b) Rosenberg, in October 1980, had succeeded in quashing an earlier service accepted by another on his behalf at that address. A refusal to accept delivery excuses the filing of return receipts and further compliance with Section 48.161, Cherry v....

...2 .In stating that Manufacturers has perfected substituted service under Florida law, we mean, as we indicate infra, that Manufacturers has established a prima facie case that it has done so. 3 . Manufacturers perfected substituted service under Fla.Stat. 48.181(1) by using the procedure set forth in Fla.Stat. 48.161(1)....

...The affidavit further recited that the manager reported by telephone call to affiant and stated that the defendants live in Peru but he had instructions from them not to write to them or contact them in any way. Appellee then attempted to effect substituted service of process under F.S. 48.161 and F.S....

...Appellants contend that there is no affidavit or pleading setting forth the facts showing that defendants or any one of them were subject to such statutory authorized service of process. Appellee relies on the affidavit which alleges concealment by appellants of their whereabouts for service of process under F.S. 48.161 and F.S....

...of School Supply, Inc., of Fort Walton Beach, Florida, who sold the said helmet to the City of Fort Walton Beach, Florida" who furnished it to Andrew Thomas Duzinski. Plaintiffs attempted to obtain substituted service of process on defendant under F.S. 48.161, F.S....

...in Florida. The records examined represented only the portion of the alphabet from A to G: Those records revealed that defendant shipped in excess of 1,250 helmets to 88 different buyers in Florida who were located in 30 different Florida cities. F.S. 48.161 relates only to procedure and F.S....

...The law firm asserts that a settlement was achieved which was favorable to Waxoyl and the subsidiaries. After conclusion of the litigation, the law firm brought suit for unpaid legal fees against Waxoyl, among others. [1] The law firm served process on Waxoyl by substituted service on the secretary of state. See § 48.161, Fla....

...avits cannot be considered. We disagree. After service on the secretary of state, Waxoyl filed its motion to quash service of process which stated, "As the grounds for service of process upon Waxoyl, A.G. pursuant to the above referenced sections [§§ 48.161, .181, .193, Fla....

...Hartford Accident & Indem. Co., 264 So.2d 842, 844 (Fla. 1st DCA 1972); McCarthy v. Little River Bank & Trust Co., 224 So.2d 338, 341 (Fla. 3d DCA 1969). [2] Waxoyl next argues that the law firm did not timely file its affidavit of compliance within the time required by section 48.161(1) after service on the secretary of state....

...On the merits, however, we conclude that this argument was properly overruled. The affidavit of compliance asserts that Waxoyl refused to accept the certified mail transmittal of the complaint in this case. "A refusal to accept delivery excuses the filing of return receipts and further compliance with Section 48.161...." Cortez Development Co....

...Furthermore, the plaintiff would not be prejudiced if the motion to quash does not contain how to cure the defect. The reason being is that if, after a diligent search and inquiry, the plaintiff can not locate the defendant, he can obtain valid substituted service of process pursuant to section 48.161, Florida Statutes....

...The process server stated that Shadburne could not be located at the listed address; that he had consulted a phone book and checked the address given therein with negative results; and that he had checked the information listing and could find no listing in Shadburne's name. Thereafter, the Crewses utilized section 48.161, Florida Statutes, to effect substituted service of process through the secretary of state....

...9.030(b)(1)(B) and 9.130(a)(3)(C)(i). An automobile accident occurred in 1976. Appellee attempted to secure substituted service upon appellant by serving process upon the Secretary of State in 1980. Appellee failed to file an affidavit of compliance as required by section 48.161(1), Florida Statutes (1981)....

...hs. [1] On November 10, 1982, before any hearing took place, the court below denied appellant's motion to quash and allowed appellee ten days in which to file an affidavit of compliance or face dismissal. Appellee filed his affidavit two days later. Section 48.161(1) provides for substituted service upon a nonresident defendant by leaving a copy of the process with the designated public officer....

...Equally clearly, appellee filed his affidavit within the time the court allowed. Therefore, we must determine whether the trial court committed error when it sua sponte permitted appellee to file the affidavit two years and five months late. Unless the plaintiff has complied with section 48.161, the court does not have jurisdiction....

...supported by affidavits, the plaintiff has to prove jurisdiction over the person by opposing affidavits, testimony or documents."). Consequently, the trial court erred in denying WCTU's motion to quash the service of process made in accordance with section 48.161, Florida Statutes (1983), pursuant to section 48.181....

...Koenig of Law Office of Mark K. Koenig, West Palm Beach, for appellees. POLEN, C.J. Jeffrey and Kathy Jennings timely appeal after the trial court denied their motions to quash Santiago and Flor Stella Montenegro's attempted service of process for failure to comply with section 48.161, Florida Statutes (1999), and for failure to effect timely service of process under Florida Rule of Civil Procedure 1.070(j)....

...The court held the Montenegros' allegations with respect to substituted service were sufficient and, therefore, denied the motions to dismiss and to quash. This appeal followed. The Jennings first argue that, with respect to their last amended complaint, the Montenegros failed to comply with section 48.161 for substituted service. Section 48.161 provides, in part, When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by law shall be made by leaving a copy of the process wit...

...ublic officer qualified to serve like process in the state or jurisdiction where the defendant is found. The officer's return showing service *1261 shall be filed on or before the return day of the process or within such time as the court allows.... § 48.161(1), Fla....

...Our review of the amended complaint supports that while the Montenegros may have exercised due diligence in attempting to locate the Jennings, they failed to serve the Secretary of State with their latest amended complaint. Nothing stopped the Montenegros from complying with sections 48.161 and 48.171 at any point....

...By affidavit, appellee's counsel related that service of process was attempted in Dade County, but returned undelivered on June 25, 1971. An investigation uncovered a "possibility" that appellant was residing in Albany, Georgia. Substituted service was then made upon the secretary of state under the long-arm statute (F.S., Section 48.161, F.S.A.), and a copy of the summons and complaint were mailed to the appellant in Albany by certified mail on October 28, 1971....

...Arison, a resident and citizen of Israel, was first served by substituted service within 120 days of the filing of the complaint. After the trial court denied Arison's motion to quash that service, he appealed to this court, and we reversed because the substituted service did not comply with section 48.161, Florida Statutes (Supp.1990)....

...he existence of the action against him is legally irrelevant to our decision. See Napoleon, 33 So.2d at 718 ("The fact that the defendant had actual knowledge of the attempted service cannot be relied upon to justify . . . service by publication."). Section 48.161 of *953 the Florida Statutes delineates the proper method for achieving substituted service of process upon a person concealing his whereabouts in this state....

...Defendant moved to quash service and to vacate a default entered against him in circuit court. The motions were denied. Defendant appeals, arguing that the statutory method of substituted service on a non-resident has not been complied with pursuant to § 48.161, Florida Statutes (1984). Unless the plaintiff has strictly *1027 complied with Section 48.161, the circuit court does not have jurisdiction....

...Under Florida law, to serve a foreign corporation that is alleged to be doing business within the State of Florida, a plaintiff must serve the summons and complaint on the Florida Secretary of State and on the foreign corporation at its overseas offices. See Fla. Stat. §§ 48.181(1), 48.161; McClenon, 726 F.Supp. at 825. In McClenon, the court explained that because Florida Statutes § 48.161 requires the sending of notice of process directly to the defendant, in addition to service upon the Secretary of State, the Florida Statute requires "the transmittal of documents abroad." As in McClenon, in this case the Florida Statute requires the "transmittal of documents abroad" to Defendant CMSA....

...its whereabouts. The insurance company then effected service pursuant to section 48.181, Florida Statutes (1993), which authorizes service of process on the Secretary of State as the agent for a resident who conceals his whereabouts. To comply with section 48.161, Florida Statutes (1993), Liberty Mutual's attorney sent the notice of service and a copy of the process by certified mail to Mercy Lu at the Weston Road address....

...business as 7850 N.W. 146th Street, Suite 514, Miami Lakes, Florida. The state's records showed the Alvarez residence as the address for the president, secretary, treasurer, and registered agent for Mercy Lu. Perfection of substituted service under section 48.161 requires strict compliance with the statutory requirements....

...connection between the Weston Road address and Mercy Lu. Green v. Nashner, 216 So.2d 492, 493 (Fla. 3d DCA 1968). Ignoring the addresses contained in the corporate records on file with the Secretary of State, Liberty Mutual chose a location for the section 48.161 mailing which was unlikely to result in actual notice to the defendant....

...Since that time, Plaintiff secured eight extensions of time from the court to attempt successful service of process. Plaintiff ultimately effected substitute service of the Third Amended Complaint on Defendant by serving the Secretary of State in accordance with the provisions of section 48.161, Florida Statutes (2013)....

...2Since Defendant was not located, Alamo’s counsel filed these motions on her behalf in this proceeding. 3 On the day of the hearing on Defendant’s motion, Plaintiff filed an affidavit stating he had obtained substitute service on Defendant pursuant section 48.161, and asked the court to accept this late-filed affidavit for consideration at the hearing, or in the alternative, for another extension of time. 4 S....

...implementation as the law in Florida. Plaintiff’s service of process upon Defendant was valid if it was perfected prior to November 1, 2013, in accordance with one of the three options indicated. This would include service according to sections 48.161 and 48.181, Florida Statutes, because the Hague Convention did not yet apply between the U.S. and Colombia, and strict compliance with the IASC was not required. Substitute service under sections 48.161, 48.171 and 48.181 In certain circumstances, substitute service of process may be effected upon either a nonresident or a party who conceals his or her whereabouts. The method for effecting substitute process on parties is outlined in sections 48.161, 48.171 and 48.181. Section 48.161 requires substituted service be evidenced by: (1) registered or certified mailing to the nonresident of (a) a notice of such substituted service and (b) a copy of the process, which must be evidenced by (c) the filing of the nonresident’s return receipt and (d) an affidavit of compliance by plaintiff or his or her attorney; or (2) an appropriate officer’s return showing service on the nonresident within or without the state of Florida. § 48.161, Fla....

...acquire the information necessary to enable [her] to effect personal service on the defendant. Id. (internal citations omitted). Defendant contends that Plaintiff failed to comply with these statutes by not filing a postal receipt with the court. While sections 48.161 and 48.171 create an exception to the general rule that the defendant must be personally served, see Wyatt v....

...3d 177, 179 (Fla. 3d DCA 2011); Am. Express Ins. Servs. Europe Ltd. v. Duvall, 972 So. 2d 1035, 1038 (Fla. 3d DCA 2008). Here, there are sufficient facts that appear from a consideration of the entire record to justify the applicability of sections 48.161 and 48.171. Robb, 319 So....

...alternative for an extension of time. The motion also requested that the trial court consider Plaintiff’s affidavit of compliance to be timely filed, based on affidavits filed by Plaintiff’s counsel and his legal assistant that explained the mistake. Pursuant to section 48.161, “the affidavit of the plaintiff or his or her attorney of compliance shall be filed on or before the return day of the process or within such time as the court allows . . . .” § 48.161 (emphasis added)....

...Lumumba Cinque Smith challenges the trial court's order denying his motion to quash service of process of the complaint filed against him by Diana and Lawrence Leaman (the Leamans). Because the Leamans did not strictly comply with the substituted service requirements of section 48.161, Florida Statutes (2001), we reverse....

...d last called her and *1078 that Smith had told her that he would contact the Leamans' counsel; however, she was not surprised that Smith had not done so. After taking her deposition, the Leamans filed an affidavit of substituted service pursuant to section 48.161....

...ate. Smith, through counsel for Alamo, filed a motion to quash the substituted service of process. After a hearing, the trial court denied the motion, finding that the Leamans had conducted a diligent search and had complied with the requirements of section 48.161. Smith then brought this appeal. Section 48.161, which allows for substituted service of process on a Florida resident who is concealing his whereabouts, creates an exception to the general rule that the defendant must be personally served....

...The statute contains three requirements: (1) the plaintiff must send notice of service and a copy of the process by registered or certified mail to the defendant; (2) the plaintiff must file the defendant's return receipt; and (3) the plaintiff must file an affidavit of compliance. § 48.161(1)....

...However, in this appeal, the Leamans contend that substituted service of process should fall within this judicially created exception whenever the defendant is actively concealing his whereabouts, regardless of the reason for the nondelivery. We reject this contention. In Turcotte, the certified mail sent to comply with section 48.161 was returned with a notation that the address was a vacant mobile home....

...Further, because they did not attempt delivery of the substituted service at Smith's last known address, no inference can be established from the record that the failure of the delivery was chargeable to Smith. Therefore, because the Leamans did not comply with the strict requirements of section 48.161 and because they did not establish that they fell within the exception to its requirements, we reverse the trial court's order and quash the attempted service on Smith....

...he property. The complaint also described actions taken and statements made by Peccany through its sole shareholder, Sheikh Suroor. Sheikh Suroor was not personally served with process. Instead, FIC utilized our substitute service statutes, sections 48.161 and 48.181, Florida Statutes (1995)....

...s venture" in Florida. Sheikh Suroor moved to quash the substitute service and to dismiss FIC's complaint for lack of jurisdiction, asserting that the complaint (1) failed to meet the strict procedural requirements for substitute service provided in section 48.161, (2) failed to include sufficient jurisdictional allegations to satisfy the requirements of section 48.181, and (3) failed to establish the required connexity between Sheikh Suroor and Florida....

...Pursuant to section 48.181, Florida Statutes (2003), the plaintiffs properly served Quebec, Inc. through the Secretary of State. However, the plaintiffs acknowledge that they "did not file a certified mail return receipt of the summons and complaint on Quebec, Inc., or the affidavit of compliance as required by section 48.161(1)." We therefore reverse the orders denying the motions to dismiss, quash the service of process as to both defendants, and remand to the circuit court where the plaintiffs may seek to perfect proper service....

...Inc. Somewhere between Bogota and New Jersey the goods were damaged. Rubin's insurer paid him over $23,000 for the damage, and then, in a subrogation action, sued Global, Inter-American, and Pride Movers. Service was effected upon Global pursuant to section 48.161, Florida Statutes (1987)....

...Global moved to dismiss the action on the grounds that it was not subject to the jurisdiction of a Florida court under Florida's long-arm statute, section 48.193, Florida Statutes. Global further alleged that plaintiff had failed to comply with the strict mandate of section 48.161 and that service was therefore defective....

signed by the appellant in compliance with section 48.161, Florida Statutes. Appellant was involved in

...sonally served out-of-state pursuant to 48.194...."). Since defendants were not personally served, "jurisdiction could not have been acquired via Section 48.193." Underwood, 390 So.2d at 434. In this case defendants were served pursuant to Fla.Stat. § 48.161, which provides for substituted service of process on nonresidents....

...In its order, the trial court granted the motion to quash service of process as well as the motion to dismiss. Appellee, in its motion to quash/dismiss, alleged that appellant had failed to comply with the requirements for substituted service on a nonresident set forth in section 48.161, Florida Statutes (1983), which included the filing of a timely affidavit of compliance. Section 48.161, Florida Statutes (1983), requires that the affidavit of compliance be filed on or before the return day of process or within such time as the court allows. In Smith v. Import Birds, Inc., 461 So.2d 1026 (Fla. 4th DCA 1985), plaintiff failed to file his affidavit of compliance by the return day of process. This court said: "Unless the plaintiff has strictly complied with Section 48.161, the circuit court does not have jurisdiction." Id....

...The court denied the motion but granted Logan leave to refile the motion and to state its grounds with greater particularity. When Logan filed a motion to quash service of process alleging the same grounds, and adding that the substituted service was defective for failure to comply with sections 48.161 and 48.171, Florida Statutes (1987), the trial court granted the motion. In an effort to persuade the court to vacate the order, Mora attached an attorney's affidavit stating that Mora had complied fully with Section 48.161 by serving the Secretary *1268 of State, sending Logan notice of service by registered mail, and filing a return receipt and notice of filing return of service with the circuit court....

...5th DCA 1982), review den., 430 So.2d 450 (Fla. 1983); Miller v. Marriner, 403 So.2d 472 (Fla. 5th DCA 1981). The trial court improperly vacated the order quashing service. The trial court was correct in quashing service because Mora did not fulfill the requirements of section 48.161, Florida Statutes (1987)....

...efendant. Gloucester Engineering, Inc. v. Mendoza, 489 So.2d 141 (Fla. 3d DCA 1986); Orange Motors of Coral Gables, Inc. v. Rueben H. Donnelley Corp., 415 So.2d 892 (Fla. 3d DCA 1982); Smith v. Import Birds, Inc., 461 So.2d 1026 (Fla. 4th DCA 1985). Section 48.161 provides that service on a nonresident shall be made by mailing a copy of the process to the Secretary of State....

...[3] Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his attorney to the defendant, and the defendant's return receipt and the affidavit of the plaintiff or his attorney of compliance shall be filed on or before the return day of the process. § 48.161, Fla....

...Florida at the time of the accident. Kidd attempted personally to serve the Linns at a Florida address on two separate occasions, but was unsuccessful. Kidd next sought to serve the Linns by using substituted service of process pursuant to sections 48.161 and 48.171, Florida Statutes (1995)....

...not investigated by Kidd. The Linns argue that Kidd failed to perfect service of process by failing to make a diligent search and inquiry to determine their residence, and by failing to obtain and file a return receipt from the Linns as required by section 48.161....

...Here the statute has three requirements: (1) notice sent by registered or certified mail; (2) the defendant's return receipt; and (3) the affidavit of compliance. Wyatt, 649 So.2d at 907 (citations omitted). In Wyatt, the defendant did not execute a return receipt as required by section 48.161....

...Accordingly, we REVERSE the trial court's order denying the motion to dismiss, and direct that the service of process be quashed, with leave to thereafter perfect service in any manner provided by law. WEBSTER, J., and SHIVERS, DOUGLASS B., Senior Judge, concur. NOTES [1] Section 48.161 provides, in part: Method of substituted service on nonresident.— (1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by la...

plaintiff was required to comply with section 48.161. Section 48.161 is the general substitute service statute

...ubstituted service were sent to the corporation at its New Jersey address by certified mail, and receipt was returned as requested. Counsel for plaintiffs/appellants prepared an affidavit that substituted service had been effected in compliance with Section 48.161, Florida Statutes....

...However, the original summons had been lost or misplaced and counsel prepared an affidavit to that effect. Thereafter default judgment was timely entered against Mediscience. Two years later Mediscience successfully moved to set aside the final judgment, on the ground that Section 48.161(1), Florida Statutes, requires the Secretary of State's return of service, which, absent the original summons, had not been achieved. Section 48.181, Florida Statutes (1981), authorizes use of substituted service when suing a foreign corporation, on claims arising out of its business, by serving process on the Secretary of State as its "appointed" agent. Section 48.161, Florida Statutes (1981), sets forth the method of substituted service on nonresidents....

...Rossmoore, 271 So.2d 31, 32 (Fla. 2d DCA 1972). If the plaintiff chooses substituted service on the Secretary of State under Section 48.181(1), then perfection of such substituted service requires full compliance with one of the alternative methods provided by Section 48.161. Section 48.161 requires such substituted service be perfected and evidenced by either: (1) registered or certified mailing to the nonresident of both a notice of such substituted service and a copy of the process, evidenced by the filing of the nonre...

...eipt and an affidavit of compliance by plaintiff or his attorney; or, (2) an appropriate officer's return showing service on the nonresident within or without this state. P.S.R. Associates v. Artcraft-Heath, 364 So.2d 855, 857-58 (Fla. 2d DCA 1978). Section 48.161 further requires the public officer authorized to receive substituted service — i.e., the Secretary of State — to maintain a record of all process served on him, showing the hour and day of service....

...he Secretary of State's acknowledgment of service upon him had been mailed to and received by Mediscience at its New Jersey address. A return receipt accompanied this affidavit. Thus, the trial court had satisfactory proof that prong one *324 of the Section 48.161 procedure, service on the Secretary of State, and alternative (1) of prong two, certified mailing to defendant, were accomplished. Contrary to the reading given Section 48.161 by appellee and the trial court, the statute does not demand return of service by the Secretary of State....

...dence of efforts made at service during the 120 day service period which would support a finding of "good cause" under the rule. In addition to the rule 1.070(i) issue, the complaint in this case did not plead the basis for substituted service under section 48.161, Florida Statutes (1993)....

...ion to dismiss. We reverse. A number of issues are raised by this appeal, but the central question is whether, under the substituted service of process statute, the failure of delivery of a notice of suit was chargeable to the defendant-insured. See § 48.161(1), Fla....

required to comply with the notice requirements in section 48.161. Id. at 265 (citing Jupiter House, 198 So.3d

...Specifically, Defendant argues that because it is a company, long arm service of process in the instant case should have been performed pursuant to Florida Statutes § 48.181, titled "Service on Nonresident Engaging in Business in State", rather than Florida Statutes § 48.161, titled "Method of Substituted Service on Nonresident", as was specified in the return of service affidavit of Plaintiff's process server....

...Because the Third Amended Complaint does not contain any such allegation, Plaintiff's substituted service in the instant case would not satisfy the strict construction of Fla. Stat. § 48.181(1). Defendant also argues that Plaintiff did not strictly comply with the requirements of Fla. Stat. § 48.161, which requires notification by registered or certified mail to the Defendant after service upon the Secretary of State. Plaintiff does not address whether he executed service under the correct Florida long arm jurisdiction statute. Plaintiff also concedes that the he did not strictly comply with Fla. Stat. § 48.161 in attempting long arm service of process in the instant case, but argues that there was no resulting prejudice because Plaintiff's *1266 counsel mailed to the Defendant via regular mail a copy of the Motion for a Default and Request for the Clerk to enter judgment....

...First Florida Business Consultants, Inc., 338 So.2d 561 (Fla. 2nd DCA 1976). The Florida long-arm statute was to be strictly construed. Spencer Boat Co., Inc. v. Liutermoza, 498 F.2d 332 (5th Cir. 1974) [1] . The Court finds that Plaintiff attempted to perform substitute service pursuant to Fla. Stat. § 48.161, when he should have performed substitute service pursuant to Fla. Stat. § 48.181(1). Further, the Court finds that Plaintiff did not strictly comply with the requirements of Fla. Stat. § 48.161, which required Plaintiff, after serving the Florida Secretary of State, to file proof that he sent by registered or certified mail, on or before the return day for the service of process, a copy of the Third Amended Complaint and affidavit of service to Defendant....

arguments that plaintiff failed to comply with section 48.161’s technical requirements for substitute service

...The Union argues that it should have been served through the Italian central authority, as required by Article 5 of the Hague Convention, and that service of untranslated documents [9] by direct mail to the Union was improper. *1337 Plaintiffs argue that service upon the Union was proper under Fla. Stat. § 48.161, which permits substituted service on nonresidents, and Article 10(a) of the Hague Convention, which permits judicial documents to be "sent" directly to a defendant....

...state defines the applicable method of serving process as requiring the transmittal of documents abroad, then the Hague Service Convention applies." Id. at 700, 108 S.Ct. 2104. Here, Plaintiffs contend they properly served the Union under Fla. Stat. § 48.161, entitled "Method of substituted service on nonresident," which permits service upon the Florida Secretary of State and then requires notice of service and a copy of the process to be sent to the foreign defendant. See Fla. Stat. § 48.161. [11] Because Fla. Stat. § 48.161 requires *1338 "the transmittal of documents abroad," under Schlunk, the Hague Convention applies to Plaintiffs' service of the Union. See also Vega Glen v. Club Mediterranee S.A., 359 F.Supp.2d 1352, 1356 (S.D.Fla.2005) (holding Hague Convention applies to service of foreign defendant pursuant to Fla. Stat. §§ 48.181 and 48.161); McClenon v. Nissan Motor Corp., 726 F.Supp. 822 (N.D.Fla.1989) (holding, because Fla. Stat. § 48.161 required "sending of notice and process directly to the defendant," under Schlunk, Hague Convention applies)....

...ing Article 10(a) of the Hague Convention to permit service of process by mail if the state law provides such an option, and the receiving country does not object, I find that the plaintiffs service of process upon the defendant in accordance with §§ 48.161 and 48.181, Fla....

...3 1964 Conférence de la Haye de Droit International Privé, Actes et Documents de la Dixiéme Session (Notification) 75-77, 363 (1965) (3 Actes et Documents); 1 B. Ristau, International' Judicial Assistance (Civil and Commercial) § 4-1 (1984 and 1 Supp.1986) (1 Ristau). [11] The full text of Fla. Stat. § 48.161 states: When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public officer designated by law shall be made by leaving a copy of the process with a fee of $8.75...

...ervice on the Union. Without reaching the question of whether Kathleen Phillips is in fact the Union's agent, because Plaintiffs did not send translated documents to the Defendant Union, service of Kathleen Phillips was insufficient under Fla. Stat. § 48.161....

...Appellees then filed their Complaint just two days later on October 27, 1999. Because Appellant was a non-resident corporation without a registered agent in the State of Florida, Appellees attempted to employ substituted service of process pursuant to sections 48.181 and 48.161(1), Florida Statutes (1999)....

...Set Aside Default. Another hearing was held, and the trial court again denied the motion. The trial court, relying on Major Appliances, Inc. v. Mount Vernon Fire Insurance Co., 462 So.2d 561 (Fla. 3d DCA 1985), found that Appellees had complied with section 48.161 by attempting to serve Appellant's listed service of process address, which was the only address on file with the New York Department of State....

...When serving a nonresident corporation, a person may employ substituted service by: 1) "serving a public officer designated by law;" 2) sending notice of service and a copy of the process by registered or certified mail to the defendant; and 3) filing the defendant's return receipt and an affidavit of compliance. See sec. 48.161(1), Fla....

...ffort, reasonably appropriate to the circumstances, to acquire the information *590 necessary to fully comply with the controlling statutes." McDaniel v. McElvy, 91 Fla. 770, 108 So. 820, 831 (1926). This court has held that, in order to comply with section 48.161, plaintiffs who seek to employ substituted service but fail to obtain a return receipt must allege that the defendant is "concealing his whereabouts, or that they had exercised due diligence in attempting to locate him." Chapman, 750 So.2d at 143....

...PER CURIAM. We reverse an order denying Jodhi Valliappan's motion to set aside a default judgment. There is no proof in the record that Cruz served Valliappan with process by registered or certified mail, as required by the substituted service provisions of section 48.161, Florida Statutes. Section 48.161 allows substituted service in this matter upon a non-resident or a person concealing his whereabouts, provided the plaintiff sends notice of service and a copy of the process by registered or certified mail to the defendant, files the return receipt, and files an affidavit stating compliance. § 48.161, Fla....

...This is fatal on due process grounds. See Fickle v. Adkins, 394 So.2d 461 (Fla. 3d DCA 1981). See also Barreiro v. Barreiro, 377 So.2d 999 (Fla. 3d DCA 1979). Reversal is also required because of appellee's failure to comply with the notice of service of process requirement of section 48.161, Florida Statutes....

...Chamberlain, 201 So.2d 781 (Fla. 2d DCA 1967), cert. denied, 207 So.2d 454 (Fla. 1967); Steedman v. Polero, 181 So.2d 202 (Fla. 3d DCA 1965); and (2) mandatory procedural requirements, including the filing of an affidavit of compliance and a notification of service, see § 48.161(1), Fla....

...ring Service. After initial difficulties effecting service of process on the other respondents, substituted service of an amended Rule to Show Cause was effected as to them on August 3, 1977, by service upon the Secretary of State in compliance with Section 48.161, Florida Statutes (1975), thus giving us personal jurisdiction over respondents under Florida's long-arm statute, Section 48.181, Florida Statutes (1975)....

...This is an interlocutory appeal from an order on jurisdiction over the person of appellant/defendant. The question is whether plaintiff made a sufficient search and inquiry to satisfy the statutory requirements for constructive service of process on a person who conceals his whereabouts within the State. See Section 48.161, Florida Statutes (1981)....

...Murphy of Pitisci, Dowell, Markowitz & Murphy, P.A., Tampa, for Appellee. THOMPSON, J. Michelle Wise d/b/a J & M Bullfeathers Farm ("Wise") appeals an order denying her motion to quash service of process. Because Rita Warner did not strictly comply with the statutory requirements of section 48.161, Florida Statutes (2004), we reverse....

...In her amended complaint, Warner alleged that a process server was unable to serve Wise. Warner claimed Wise was either concealing her whereabouts or had left Florida. Warner served the Secretary of State on behalf of Wise and filed an affidavit of compliance with section 48.161, Florida Statutes (2004)....

...blowing or calling. Wise moved to quash service on the grounds that Warner failed to comply with the statutory requirements for substituted service. The court denied the motion, and Wise appealed. Wise argues that Warner did not strictly comply with section 48.161 because she never attempted service through certified mail; Warner responds that strict compliance is not required where Wise was "concealing [her] whereabouts and/or evading service of process." To effect service of process under section 48.161, Florida Statutes (2004), the plaintiff must, inter alia, mail a copy of the summons and complaint to the defendant by registered or certified mail....

...ated exception whenever the defendant is actively concealing his whereabouts, regardless of the reason for the nondelivery. We reject this contention. In Turcotte [v. Graves, 374 So.2d 641 (Fla. 4th DCA 1979)], the certified mail sent to comply with section 48.161 was returned with a notation that the address was a vacant mobile home....

...Smith, 826 So.2d at 1079. If Warner had attempted service via certified mail, and Wise had refused delivery, then the affidavits in the record would contain adequate evidence for the trial court to excuse the filing of return receipts and further compliance with section 48.161....

that, therefore, substituted service under section 48.161 was valid. Accordingly, the trial court’s order

on the defendant pursuant to Florida Statutes § 48.161 and § 48.181, which provide for substituted service

substituted service of process pursuant to Fla. Stat. § 48.161 and 48.181. (See D.E. 32 at 2.) On July 19, 2010

serving the Secretary of State pursuant to section 48.161, Florida Statutes (1991). On November 5, 1992

personal service, he should have served him under section 48.161, Florida Statutes (2020) (“Method of substituted

proceeding against [Appellant] ... may be served.” Section 48.161(1), Florida Statutes, provides that substituted

out that plaintiff had failed to comply with section 48.161 in that it had failed to file an affidavit

required by section 48.161, until 150 days after he had served the Secretary of State. Section 48.161 provides

representative of his estate could be so served. See § 48.161(1) and (2), Fla.Stat., F.S.A. However, at the

...d managing member, Esther Counné, countered in 818's sworn motion that Neiman at all times knew of her whereabouts, including the critical period during which the substituted service was made and the required statutory notice was mailed to her. See § 48.161(1), Fla....

...of State by (1) serving the public officer designated by law; (2) sending notice of service and a copy of the process by registered or certified mail to the defendant; and (3) filing the defendant's return receipt and an affidavit of compliance. See § 48.161(1), Fla....

...ttempted service invalid. The facts of this case closely mirror All Mobile Video. In All Mobile Video, as in the case before us, the plaintiff sought to effectuate substituted service of process on All Mobile Video pursuant to sections 48.181(1) and 48.161(1) of the Florida Statutes (1999)....

...As in our case, the corporate defendant was without a locatable registered agent in Florida. Id. However, the plaintiff, her counsel, and her insurance carrier were all in contact with representatives of the defendant's New York office. Id. However, when it came time to satisfy prong two of section 48.161(1), the plaintiff chose to send the required notice of service and the process to the address of a long since defunct, former law firm designated as All Mobile Video's resident agent in the State of New York, rather than to the company's current office....

...th the New York Department of State did not excuse the plaintiff from his burden "to use knowledge at [his] command and exercise due diligence in attempting to notify [the defendant] of the suit." Id. at 590. The court explained that "to comply with section 48.161, plaintiffs who seek to employ substituted service but fail to obtain a return receipt must allege that the defendant is `concealing his whereabouts, or that they had exercised due diligence in attempting to locate him.'" Id....

...ntrolling statutes.")). [5] *664 In the case before us, Counné attested in her sworn motion that she was in "regular, if not frequent, telephone contact" with Neiman during the time Neiman was effectuating substituted service process on Counné via section 48.161(1) of the Florida Statutes....

Picarelli, 319 So.2d 645 (Fla. 3d DCA 1975); Section 48.-161 Florida Statutes (1979); Compare: Martino v

through the Secretary of State pursuant to section 48.161 and personal service outside the state pursuant

Niggles corporation in the manner provided for in § 48.161 Fla.Stat., F.S.A. The Niggles corporation moved

process or within such time as the court allows.” Section 48.161(1). Though appellant did not satisfy the close

comply with the notice requirements under -section 48,161(1), Florida Statutes (2016). Section 48

plaintiff or his or her attorney to the defendant....” § 48.161(1), Fla. Stat. (1997) (emphasis added). The failure

through the substituted service procedure of section 48.161, Florida Statutes. Plaintiff served the Secretary

on Arison pursuant to section 48.161, Florida Statutes (1991). Section 48.161 requires that notice of

service on the Secretary of State pursuant to section 48.161(2), Florida Statutes (2023). We have explained:

Structural Wrap, and thus improperly relied upon section 48.161, Florida Statutes (2023), to effectuate service

appropriate affidavit of compliance as required by section 48.161, Florida Statutes (1999). We agree with the

PER CURIAM. Affirmed. § 48.161, Fla.Stat. (1995); see Bodden v. Young, 422 So.2d 1055 (Fla. 4th DCA

which sustains the service of process under section 48.161. The amended complaint alleges that Edina is

determines that plaintiff properly served defendant. § 48.161(1), Fla. Stat. (1993). We dismiss the appeal from

plaintiffs failed to comply with the requirements of § 48.161, Fla.Stat. regarding the negligence count, and

PER CURIAM. Affirmed. § 48.161(1), Fla.Stat. (1995); § 48.181(1), Fla.Stat. (1995); New England Rare

service was invalid for failure to comply with section 48.161, Florida Statutes (1995). On December 18, 1996

Florida, are subject to service of process under § 48.161(2) of the Florida Statutes, F.S.A. This question

of the domestic corporation . . . .”) (2024); § 48.161(1), Fla. Stat. (“When authorized by law, substituted

time period nor has the Plaintiff complied with § 48.161, Fla. Stat. or § 48.171, Fla. Stat.,” which set

substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally

Mut. Ins., 681 So.2d 758 (Fla. 4th DCA 1996); § 48.161, Fla. Stat. (1997). We agree with the appellants

with the separate procedural requirements of section 48.161, Florida Statutes (2015), for effectuating

the Florida Secretary of State, relying on section 48.161, Florida Statutes (2021). She then filed her

...January 6, 2010. Kevin D. Franz and William S. Reese of Lane, Reese, Summers, Ennis & Perdomo, P.A., Coral Gables, for appellant. Christopher F. Lanza, Miami, for appellee. *808 MAY, J. An attention to detail and questioned compliance with the requirements of section 48.161, Florida Statutes, are at issue in this appeal. The defendant argues that the trial court erred in denying his motion to quash service of process for noncompliance with section 48.161....

...to locate and serve the individual defendant, but it appeared he was no longer within the court's jurisdiction or was concealing his location. The amended complaint further alleged that the plaintiff conducted a diligent search; and that pursuant to section 48.161, the plaintiff was serving a copy of the complaint and summons on the Secretary of State with a copy sent to the defendant's last known address by certified mail....

...time to file the affidavit of compliance. The court denied the motion. We have de novo review of trial court orders on a motion to dismiss for lack of personal jurisdiction. Beckley v. Best Restorations, Inc., 13 So.3d 125, 126 (Fla. 4th DCA 2009). Section 48.161(1) provides: Notice of service and a copy of the process shall be sent forthwith by registered or certified mail by the plaintiff or his or her attorney to the defendant, and the defendant's return receipt and the affidavit of the plai...

...The statute has three requirements: (1) notice by registered or certified mail; (2) filing the defendant's return receipt; and (3) filing an affidavit of compliance "on or before the return day of the process or within such time as the court allows...." Id.; § 48.161(1)....

...The return day of process was October 13, 2008, twenty days after service. However, the plaintiff did not file the returns or the affidavit of compliance until October 28, 2008, fifteen days late. See Parish Mortg. Corp. v. Davis, 251 So.2d 342, 343-44 (Fla. 3d DCA 1971) (finding that section 48.161 was not complied with when the affidavit of compliance was filed after the return day of process, and the notice of service was not mailed to the defendant "forthwith")....

...perfect service. See Dubois v. Butler, 901 So.2d 1029, 1031 (Fla. 4th DCA 2005) (reversing an order denying a motion to dismiss, quashing the service of process, and remanding to the trial court where the plaintiffs could perfect service pursuant to section 48.161(1))....

appellee under the Florida Long Arm Statute, Section 48.161, Florida Statutes (1977). The trial court concluded

Statutes (1981).1 Appel-lee did not comply with section 48.161(1)2 which requires mailing by registered or

her attorney of compliance shall be filed.... § 48.161(1) (emphasis added). “An affidavit is ... a statement

serving the Secretary of State pursuant to Section 48.161-48.19, Florida Statutes (1977). The Seng Company

the third party complaint, as provided for under § 48.161 Fla.Stat., F.S.A., on the ground of their having

PNC failed to comply with the requirements of section 48.161(1); specifically: (1) PNC did not mail a copy

noncompliance with the notice requirement of section 48.-161, Florida Statutes (1985). That section provides

engaging in business in the state of Florida); § 48.161, Fla. Stat. (2020) (providing the method for

defendants in Brazil. In an attempt to comply with section 48.161, counsel also sent a copy of the Secretary

failed to file a return receipt, as required by section 48.161(1), Florida Statutes, and failed to attempt

Seigel, pursuant to the “long arm” statutes (F.S. § 48.161-48.19, F.S.A.) were complied with. The question

the service was legally sufficient under both section 48.161, Florida Statutes (1981), see Cortez Development

of initial process on Crystal Springs under section 48.161(1), Florida Statutes (2012). Concluding that

that case that Luckey had, for the purposes of Section 48.161, Florida Statutes (1975), concealed himself

failed to comply with the notice requirements in section 48.161(1), Florida Statutes (2014). We agree and reverse

rather served the Secretary of State pursuant to section 48.161. Northwest apparently relied on section 48

personal service, he should have served him under section 48.161, Florida Statutes (2020) (“Method of substituted

to justify substituted service pursuant to Section 48.161, Florida Statutes (1977). Bird v. International

it did not comply with the requirements of section 48.161, Florida Statutes (2022). We agree with the

notice of service of process requirements of section 48.161, Florida Statutes (1983). Sierra Holding, Inc

Bastion-Blessing or Golconda as required by Section 48.161, Florida Statutes. A careful examination of

appellant pursuant to § 47.30, Fla.Stat., F.S.A. (now § 48.161, Fla.Stat.1967, F.S.A.). Masters, Inc., responded

copy of the complaint to them, as required by section 48.161(1), Florida Statutes (2001). The law is clear

Defendants allege that this is a violation of Section 48.161 citing Conway v. Spence, 119 So.2d 426 (3rd

Plaintiff’s right to use the “long arm” provision of Fla.Stat. 48.161 (1975) to obtain personal jurisdiction over

attempted by substituted service pursuant to Section 48.161, Florida Statutes (1985). There is no allegation

substituted service on defendant Aronowitz under section 48.161 by serving the Florida Secretary of State.

registered mail to the defendants pursuant to Section 48.-161 of the Florida Statutes (1983) were accomplished

process was insufficient as a matter of law. See § 48.161, Fla. Stat. (2002); Hodges v. Noel, 675 So.2d