CopyCited 108 times | Published | Supreme Court of Florida
...Landers' residency was material, the court reasoned, since if at the time of the accident he was a nonresident, or if he became a nonresident after the accident or concealed his whereabouts, he would have been amenable to substituted service of process under section 48.171, Florida Statutes (1969), [1] and the *370 statutory period for filing a complaint may have expired....
...strict, is quashed, and the case is remanded to the district court with directions to remand to the trial court for proceedings not inconsistent with this opinion. It is so ordered. ENGLAND, C.J., and ADKINS, BOYD and OVERTON, JJ., concur. NOTES [1] 48.171 Service on nonresident motor vehicle owners, etc....
CopyCited 24 times | Published | Florida 2nd District Court of Appeal
...The complaint made no allegations as to the residence of Drake. Appellees unsuccessfully attempted personal service on appellant Drake by the Sheriff of Pasco County in late June 1976. Appellees then attempted substituted service of process on Drake by serving the Secretary of State under Section
48.171, Florida Statutes (1975) and on Beacon by serving the Insurance Commissioner under Section
626.907(1), Florida Statutes (1975)....
...ssary to constitute the Secretary of State as Drake's agent for substituted service of process, i.e., that Drake was a nonresident, a resident of Florida who subsequently became a nonresident, or a resident of Florida concealing his whereabouts. See Section 48.171, Florida Statutes (1975)....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 2010 WL 1222689
...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. On March 18, 2009, State Farm filed an Affidavit in Support of Service under section
48.171, Florida Statutes, in which the efforts to locate Hernandez were detailed, including a check of his driver's license records....
...titute 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....
...ice as prescribed by the statute, a defendant cannot be properly served by substituted service and a motion to quash service of process should be granted. Drake v. Scharlau,
353 So.2d 961, 964 (Fla. 2d DCA 1978). When using substituted service under section
48.171, a plaintiff must meet two requirements....
...irement. 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....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2002 WL 429265
...Gregory Monaco and Interstate Towing, Inc., appeal a non-final order denying their motion to quash service of process. This court has jurisdiction. See Fla. R.App. P. 9.130(a)(3)(C)(i). Appellee, Florence Nealon, attempted to serve Monaco and Interstate pursuant to section 48.171, Florida Statutes (2000). In a lawsuit arising out of a motor vehicle accident in Florida, section 48.171 authorizes substituted service of process upon the secretary of state for motor vehicle owners (Interstate) or operators (Monaco) who are non-residents or have concealed their whereabouts. See id. When using substituted service under section 48.171, a plaintiff such as Nealon must meet two requirements: 1) the complaint must allege the ultimate facts bringing the defendant within the purview of the statute, see Fla....
...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....
...Wyatt,
649 So.2d at 907-08; Law Offices of Evan I. Fetterman v. Inter-Tel, Inc.,
480 So.2d 1382, 1386 (Fla. 4th DCA 1985); Smith v. Import Birds, Inc.,
461 So.2d 1026, 1027 (Fla. 4th DCA 1985). We also note that Nealon's complaint fails to plead the statutory basis for invoking section
48.171 with respect to Interstate....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2006 WL 119817
...Beznos,
819 So.2d 235, 238 (Fla. 3d DCA 2002). The defendants object to the trial court's exercise of jurisdiction over them on the ground that the complaint failed to include jurisdictional allegations or facts, such as concealment of whereabouts, for the use of section
48.171, Florida Statutes (2001)....
...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. The applicable statute in the instant case, section
48.171, designates the Secretary of State 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....
...The defendants correctly assert that service was defective as the complaint lacks allegations that the defendants are either (1) nonresidents, (2) residents of Florida who subsequently became nonresidents, or (3) residents of Florida concealing their whereabouts. See § 48.171, Florida Statutes (2001); Great Am....
...ress whether procedural requirements for service of process were complied with or whether the trial court abused its discretion in refusing to grant a new trial based on an improper closing argument by the plaintiff. Reversed and Remanded. NOTES [1] Section 48.171 states, in relevant part: Any nonresident of this state, ....
...eration of the motor vehicle, either in person, 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....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2000 WL 63044
...Substituted service is based on an agency theory; that is, an agent is designated by statute to receive service of process on behalf of the defendant, and service is then made on the agent in place of the defendant. See Paleias v. Wang,
632 So.2d 1132 (Fla. 4th DCA 1994). 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....
...ummons 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....
...y purpose of the statute. In this case, however, the Sheffields did not allege that Chapman was concealing his whereabouts, or that they had exercised due diligence in attempting to locate him. Instead, they elected to make substituted service under section 48.171 on the sole ground that Chapman was a nonresident who had caused a motor vehicle accident within the state....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...Statutes. Section
48.181 allowed substituted service of process on nonresidents engaged in business in the state and obviously has no application to the instant case. Counsel presumably meant to *643 attempt to effectuate constructive service under Section
48.171, Florida Statutes, which allows service of process upon resident owners or operators of motor vehicles who conceal themselves within the state....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1796
...tember, 1980, automobile accident. Service of process was perfected on Standard, Knabb's insurance carrier; however, service of process on Knabb was twice returned unserved. Morris then attempted to achieve substitute service of process on Knabb via section 48.171, Florida Statutes (1985)....
...[1] Morris amended her complaint to allege that Knabb was a resident of the State of Florida at the time of the accident, but was either no longer a resident or was concealing her whereabouts in Florida. Morris also submitted two affidavits. The first affidavit was from her attorney, showing that he had complied with section 48.171 requirements by sending notice to the Secretary of State....
...The record shows no attempt to contact these people as to Knabb's whereabouts. For this reason, the substituted service of process in this case must fail due to lack of due diligence. Accordingly, the order entered below is REVERSED. DAUKSCH and COWART, JJ. concur. NOTES [1] Section 48.171, Florida Statutes, provides as follows: Service on nonresident motor vehicle owners, etc....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 68831
...int to render personal service valid, where the complaint contains a statement that the automobile accident occurred in Florida. We distinguish a long line of Florida cases which have consistently held that to support substituted service pursuant to section 48.171, Florida Statutes (1993), the complaint must contain an allegation that the defendant was a nonresident, or a resident of Florida who subsequently becomes a nonresident, or a resident of Florida concealing his whereabouts....
...2d DCA 1978). The rationale for requiring an allegation of nonresidency for substituted service of process was explained in Red Top Cab & Baggage Co. v. Holt,
154 Fla. 77,
16 So.2d 649 (1944). The supreme court, in construing the predecessor statute to section
48.171, stated that a substituted service statute "rests upon the principle of agency, and the relationship exists only when the defendant is a nonresident." Id. The Secretary of State becomes the defendant's agent for substituted service under the current version of the statute, section
48.171, Florida Statutes (1993), only if the defendant is a nonresident, a resident who becomes a nonresident or a resident concealing his whereabouts....
...vehicle and not the operator of the motor vehicle who committed the Florida tort. The complaint in Plummer did not allege that the defendant committed a tort in Florida. As a nonresident owner, the defendant was subject to substituted service under section 48.171 if his motor vehicle was operated in this state with his consent, as long as his nonresidency was alleged in the complaint....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...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. Stat., F.S.A. under authority of §
48.171, Fla....
...cient under the 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....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2127
...ocate the defendant and was thus not entitled to assert that the defendant was concealing her whereabouts or was no longer a resident of Florida so as to trigger the operation of the "substituted service on non-resident motor vehicle owner" statute, Section 48.171, Florida Statutes (1985)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...Appellants contend that the trial court erred in denying their motion to quash service of process. We agree. *75 Appellees filed a complaint for personal injury resulting from an automobile accident. They purported to serve appellant, James White, by substituted service of process pursuant to Section 48.171, Florida Statutes (1977)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1995 WL 10447
...lieved Rodriguez resided in DeSoto County, Florida, and that the cause of action arose from an automobile accident occurring in DeSoto County, Florida. After failing to locate Rodriguez, appellees attempted substituted service of process pursuant to section 48.171, Florida Statutes (1987)....
...To constitute the secretary of state as agent for a defendant motor vehicle operator, the plaintiff must allege in his complaint that the defendant is a nonresident, or a resident of Florida who subsequently became a nonresident, or a resident of Florida concealing his whereabouts. § 48.171, Fla....
...Florida Rule of Civil Procedure 1.070(h) allows the plaintiff to allege the basis for substituted service in the language of the applicable statute without pleading the supporting facts. The complaint in this case does not allege either of the three requirements under section 48.171....
...This falls short of the statutory requirements necessary to authorize substituted service upon the secretary of state. The appellees' argument that they made a diligent search for Rodriguez was premature. One cannot argue a diligent search was made to find a defendant until one properly alleges the requisite items in section 48.171....
...I recognize that constructive service must be strictly obeyed to satisfy the requirements of due process, but the trial court did not err in denying this motion for relief from judgment when the alleged error had no impact on the due process received by Mr. Rodriguez. Section 48.171, Florida Statutes (1987), does not require that the basis for service of process on a nonresident motor vehicle operator be alleged in the complaint....
...The effect of today's decision is to void any judgment in Florida which has been obtained on a form 1.946 motor vehicle negligence complaint if the complaint was not amended when the plaintiff's attorney discovered that the defendant would need to be served pursuant to section 48.171....
...lished in two local DeSoto County newspapers seeking information on his whereabouts. Because these efforts failed to locate Mr. Rodriguez, the plaintiffs obtained a summons to serve Mr. Rodriguez by substitute service on the secretary of state under section 48.171....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 10840
...Personal service of process was made on Plummer in Kentucky. Henry has not been served. Plummer contends that the trial court has no jurisdiction based on Kentucky service of process because there is nothing in the complaint that will substantiate out of state service of process under section 48.171, Florida Statutes (1985)....
...4th DCA 1986). The complaint does not allege that defendant is a nonresident of Florida, nor does it allege any of the other prerequisites to the applicability of that statute. Plaintiff asserts, however, that service of process was not made under section
48.171, but under the general long arm statute, section
48.193....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1007925
...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. Stat. (1999). Section
48.171, Florida Statutes likewise provides, in part, Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle or of having it operated,......
...in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved. § 48.171, 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....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1702
...In order to constitute the secretary of state as agent for a defendant motor vehicle owner or operator the plaintiff must 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. § 48.171, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 15631, 2014 WL 4988409
...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 f...
...) resident of Florida
who subsequently became a non-resident, or (3) resident of Florida
concealing his or her whereabouts.” Pinero v. Yam Margate, L.L.C.,
825
F. Supp. 2d 1264, 1265 (S.D. Fla. 2011) (citing §
48.181, Fla. Stat. (2011)).
Under Section
48.171, the Secretary of State is the designated agent for
a non-resident defendant who has caused injury by the operation of a
motor vehicle within the state....
...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....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 1226133
...9.130(a)(3)(C)(i) (authorizing appeals of non-final orders that determine "the jurisdiction of the person"). We reverse, holding that service was defective as to both defendants. To serve Dubois, the plaintiffs used the substituted service procedures of section 48.171, Florida Statutes (2003)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4190
...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. On March 18, 2009, State Farm filed an Affidavit in Support of Service under section
48.171, Florida Statutes, in which the efforts to locate Hernandez were detailed, including a check of his driver’s license records....
...titute 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....
...ice as prescribed by the statute, a defendant cannot be properly served by substituted service and a motion to quash service of process should be granted. Drake v. Scharlau,
353 So.2d 961, 964 (Fla. 2d DCA 1978). When using substituted service under section
48.171, a plaintiff must meet two requirements....
...rement. It alleged that Hernandez was either being personally served or after diligent search and inquiry that he was a non-resident or was con *699 cealing his whereabouts and avoiding service, thus supporting service pursuant to sections
48.161 or
48.171....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1989 WL 153776
...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....
...NOTES [1] Hertz was a defendant in the trial court proceeding, but is not a party to this appeal. Hertz retained counsel to represent Logan in these proceedings. [2] The trial court docket sheet does not indicate that a return receipt was filed. That fact was confirmed by a certificate from the court clerk. [3] Pursuant to section 48.171, Florida Statutes (1987), the Secretary of State is the agent for service of process for a nonresident motor vehicle owner/operator in any civil action begun in the courts of the state against such owner/operator.
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 432788
...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)....
...zed to serve legal process, or if found without the state, by a sheriff or a deputy sheriff of any county of this state or any duly constituted public officer qualified to serve like process in the state or jurisdiction where the defendant is found. Section 48.171 provides, in part: Service on nonresident motor vehicle owners, etc.Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle ......
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1998 WL 915450
...Lumpkin is not a party to this appeal as the result of a default judgment entered against him below. Appellees are both Florida residents. Appellees filed their complaint against Peznell and Lumpkin in Florida. In an attempt to obtain jurisdiction over Peznell and Lumpkin under the provisions of the Florida Long Arm Statute, section 48.171, Florida Statutes (1995), appellees alleged that Lumpkin negligently operated the motor vehicle with Peznell's permission and consent....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...*1218 Accordingly, the order of the trial court is reversed with directions to abate further proceedings until either personal service of process is effected on Barriat or a legally sufficient showing is made by the plaintiffs which would authorize substituted service of process upon the Secretary of State pursuant to Section 48.171, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 1533, 2011 WL 613689
...,” and (2) attempted to contact Cohn’s “last known possible associates and relatives,” and the post office. Consequently, Fernandez sought leave to amend his complaint so that he could effectuate service on the Secretary of State pursuant to section 48.171 of the Florida Statutes....
...in the courts of the state against such operator or owner, lessee, or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved. § 48.171, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 192002
...Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ. SCHWARTZ, Chief Judge. The order under review denied a motion to quash substituted service of process on the defendant driver through the secretary of state based on the allegation that the defendant was concealing his whereabouts. § 48.171, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 16469
subject to substituted service of process under Section
48.171, Florida Statutes (1969); and the statutory
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 22751
...at the time of the accident Landers was not a resident of Florida, or he became a nonresident after the accident, or he has been concealing his whereabouts since the accident, then he would have been subject to substituted serT vice of process under Section 48.171, Florida Statutes (1969); and the statutory period for appellant’s filing of a complaint may well have expired....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2324, 1988 Fla. App. LEXIS 4568, 1988 WL 105204
PER CURIAM. The issue here is whether jurisdiction over the non-resident defendants exists, pursuant to Section 48.171, Florida Statutes, which requires that the civil action be one “arising out of or by reason of any accident or collision occuring within the state in which the motor vehicle [owned by defendant] is involved.” We cannot say, from ou...
CopyPublished | District Court of Appeal of Florida
...Substituted service was made upon the non-resident Niggles corporation in the manner provided for in §
48.161 Fla.Stat., F.S.A. The Niggles corporation moved to quash the service, contending that as a lessee of the vehicle, rather than the owner thereof, it was not subject to substituted service under §
48.171, Fla.Stat., F.S.A., in the circumstances alleged....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4498
service on the Secretary of State pursuant to section
48.171 of the Florida Statutes. The motion was granted
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 14003
...rontation outside his house. Prior to receiving process, defendant, a Delta Airlines pilot, moved to Dallas, Texas. Subsequently, plaintiffs, alleging that defendant had become a non-resident, served the Secretary of State pursuant to §§
48.161, 1
48.171, Fla.Stat., and notice of *24 service and a copy of process was sent by certified mail-return receipt requested to defendant’s Dallas address....
...ing aware of the judgment filed a motion to set aside judgment for want of jurisdiction and for relief under RCP 1.540(b). This motion was denied and defendant appeals. Defendant first contends that he could not be served for the assault count under § 48.171, Fla.Stat., the automobile long-arm statute. We' find this point well taken. § 48.171, Fla.Stat. relied upon by the plaintiffs to obtain service of process reads as follows: “48.171 Service on nonresident motor vehicle owners, etc....
...such operator or owner, lessee or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.” [Emphasis Supplied] Statutes like § 48.171, providing for substituted service, must be construed strictly and further must be given their plain and obvious meaning....
...We conclude that the assault in the instant case, which did not involve the use of the motor vehicle or take place at the scene of the alleged collision or near collision, cannot be said to be an action arising out of any accident or collision and, therefore, not within the purview of § 48.171, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15689
of process be obtained in accordance with section 48.-171, Florida Statutes (1979).1 In order to meet
CopyPublished | Florida 4th District Court of Appeal
...ends said Statute is clear and unambiguous and does toll the time of limitation within which an action may be brought. *459 When another statute comes into play, the effectiveness of each on the other must be determined. In this case Florida Statute 48.171 "Service on nonresident motor vehicle owners, etc." is applicable....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6559
...rida Statutes, F.S.A. This question can be disposed of by determining whether or not the deceased, Edward L. Jones, would have been subject to service of process as either a user of the public highways of Florida, so as to come within the purview of § 48.171, Fla.Stats., F.S.A....
...n over the persons of Collins and Tydings. Said motions were denied upon the grounds that “ . . . the deceased, Edward L. Jones, as a user of the public highways of this State was subject to service of process within the intent of Florida Statutes
48.171, that he was subject to service of process under Florida Statute 48.-181, by contracting for hospital services in the State, and that the Administrators of the Estate of Edward L. Jones are thereby subject to service of process under Florida Statute
48.161(2).” We are cognizant of the fact that there have been no reported Florida cases holding that a non-resident pedestrian is subject to service of process under §
48.171 or that a non-resident hospital patient is subject to service of process when the accident did not involve an automobile under his control....
...bject of this suit, were a result of a policy which covered an automobile accident with an uninsured operator. This was a contractual obligation on the part of Hartford. Even though the deceased was a pedestrian, we think the “long-arm” statute, §
48.171, is applicable to the deceased; and thus the *844 co-administrators of his estate are amenable to service of process under §
48.161(2). This court has held in Marion County Hospital District v. Namer,
225 So.2d 442 (Fla.App. 1st, 1969) that actions “ex con-tractu”, as well as actions “ex delicto”, arising from an automobile accident come within the purview of Fla.Stats. §
48.171....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9278, 2015 WL 3777711
...ays after the filing of the initial pleading” and that “it does not appear that the Plaintiff has shown good cause or excusable neglect for the failure to serve within that time period nor has the Plaintiff complied with §
48.161, Fla. Stat. or §
48.171, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 15376
...Appellee further alleged that appellant Mitchell Cress had negligently operated the vehicle causing it to collide with her car, resulting in severe physical injuries to herself. Service was obtained on only appellant Tommie Lee Burton who was served by substituted service through the Florida Secretary of State pursuant to Section 48.171, Florida Statutes (1977)....
...evidence before the trial court to establish the ground that the party served by substituted service was secreting himself. See Bird v. International Graphics,
362 So.2d 316 (Fla. 3d DCA 1978); Bejar v. Garcia,
354 So.2d 964 (Fla. 3d DCA 1978); and §
48.171, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5437
...a result of the injuries incurred in that collision, he can he subjected to service of process and the jurisdiction of Florida courts under the provisions of the Florida Non-Resident Motor Operator’s Service Statute. The statute just referred to (Section 48.171, Florida Statutes, F.S.A.) provides as follows: “Service on nonresident motor vehicle owners, etc....
...on among the other jurisdictions of this country. The weight of authority in this country, and what we conceive to be the better *444 view, is that ex contracta actions, as well as ex delicto actions, are covered by substituted service statutes like Section 48.171, Florida Statutes....
...statute and concluded, citing New York decisions, that the statute applies to tort actions only, not to contract.” If we were privileged to speculate (and we are not) as to the real intent of the members of the Florida Legislature in enacting Sec. 48.171, quoted above, we might well reach‘'the conclusion, as did the New York court in the Merchants Mutual Ins....
...The statute must be given its plain and obvious meaning. Douglass, Inc., v. McRainey,
102 Fla. 1141 ,
137 So. 157, 159 . See, also, State [ex rel. Finlayson] v. Amos,
76 Fla. 26 ,
79 So. 433 .” Reverting, then, to the exact language of the statute (Sec.
48.171, quoted early in this opinion) used by the Florida Legislature to express its intent in enacting this law, we find that this legislative body elected to employ extremely broad language in the phrase “any civil action.” *447 The word “any...
...t of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.” This conclusion is supported by the decision in the Burnett case, supra, and the authorities cited therein. Our construction of Sec. 48.171, as set forth above, is not in any sense provincial as aiding Florida citizens against the interests of nonresident motorists....
CopyPublished | Florida 5th District Court of Appeal
...Jennifer Hudson, as Personal
Representative.
No Appearance for Other Appellee.
LAMBERT, J.
Nachelle Moss appeals the trial court’s order denying her motion to quash service
of process. Concluding that substituted service of process under section 48.171, Florida
Statutes (2015), was not properly obtained, we reverse.
Appellee, Jennifer Hudson, as personal representative of the Estate of Curt
Hudson, deceased, filed a wrongful death complaint against Moss for damages arising...
...The complaint alleged, among other things, that Moss was a
resident of Hernando County. After several unsuccessful attempts to personally serve
Moss with the initial complaint, Hudson attempted to obtain substituted service of process
pursuant to section 48.171 by serving Moss through the Secretary of State....
...action begun in the courts of the state against such operator
or owner . . . of the motor vehicle, arising out of or by reason
of any accident or collision occurring within the state in which
the motor vehicle is involved.
§
48.171, Fla. Stat. (2015).
Moss, by counsel, moved to quash service of process, asserting that Hudson had
not strictly complied with the requirements of section
48.171 and had also failed to comply
with the separate procedural requirements of section
48.161, Florida Statutes (2015), for
effectuating substituted service upon the Secretary of State....
...at 928 (citing Oy v. Carnival Cruise Lines, Inc.,
632 So. 2d 724,
725-26 (Fla. 3d DCA 1994)).
In Hernandez, the Fourth District Court succinctly explained the two requirements
that a plaintiff must meet when using substituted service under section
48.171:
First, the complaint must allege the ultimate facts bringing the
defendant within the purview of the statute....
...1
REVERSED and REMANDED.
1 Our record indicates that the trial court has now granted Hudson leave to file an
amended complaint, which she did. We take no position regarding the sufficiency of the
allegations contained in the amended complaint under section 48.171 or whether
substituted service of the amended complaint can be properly obtained....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 168, 1992 WL 4468
...Appellee, Merdorat Cyriaque, was injured in an automobile accident in Fort Lauderdale, Florida. The owner of the other automobile was appellant, Cornell, a resident of the State of New York. Appellee sued appellant and attempted service of process via section 48.171, Florida Statutes (1990)....
...The record presented includes ap-pellee’s unverified complaint in which, in pertinent part, she alleges that she was injured in Fort Lauderdale in an automobile accident with a motor vehicle owned by appellant and driven by John E. O’Neil. She also alleges that she has complied with the requirements of section 48.171, Florida Statutes, thus permitting service of process on the Secretary of State....
...car was Keane and he did not have permission to allow any third person to drive it. The trial court denied appellant’s motion to quash and this appeal ensued. The parties have joined issue over whether this record supports jurisdiction pursuant to section 48.171, Florida Statutes (1990)....
...Appellant contends that the affidavit, being the only sworn proof in the record, shows that the driver of appellant’s car at the time of the accident was not doing so with appellant’s knowledge and consent or permission and, thus, service can not be obtained on appellant via section 48.171....
...Wedekind actually states that this statute would never permit application to a situation where the motor vehicle was being operated by anyone other than the owner, his servant, employee or agent. In 1949 the legislature amended and broadened the reach of the statute by providing as follows: 48.171 Service on nonresident motor vehicle owners, etc....
...il action begun in the state against such operator or owner, lessee or other person entitled to control of the motor vehicle, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved. Section 48.171, Florida Statutes (1989). For purposes of this case we would paraphrase section 48.171 to read: Any nonresident of this state, being the operator or owner of a motor vehicle who accepts the privilege extended by the laws of this state to nonresident operators and owners, of operating a motor vehicle within the state cons...
...ccident. It merely says any accident occurring within the state “in which the motor vehicle is involved.” We must remember that the focus is not on liability but on service of process. 2 Therefore, we hold that the service of process pursuant to section 48.171 was proper in this case because it is apparent that appellant’s motor vehicle was brought into the state by the owner and his relationship to the driver at the time of the accident is irrelevant with regard to service of process....
CopyPublished | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 11860
a “motor vehicle” with the consequence that Section
48.171, Florida Statutes (1981), entitled, Service
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 133, 1986 Fla. App. LEXIS 11169
...to locate the defendants and was thus entitled to assert that they were concealing their whereabouts or were no longer residents of Florida so as to trigger the operation of the “substituted service on non-resident motor vehicle owner” statute, Section 48.171, Florida Statutes (1985)....
CopyPublished | District Court of Appeal of Florida
...The appellant, Lucinda Hoover [a minor] was riding her bicycle down the street and collided with the trailer. As a result of this accident, the appellants brought the instant suit. Process was served upon LeBlance, a nonresident of Florida, pursuant to the provisions of § 48.171, Fla.Stat., F.S.A....
...was a result of his operation of a dangerous instrumentality within the State of Florida, to wit: in parking the automobile with the trailer attached in such a manner that the accident occurred. It appears that he should be amenable to process under § 48.171, Fla.Stat, F.S.A., for injury occasioned in the operation of his motor vehicle....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 5471, 2005 WL 906170
...fs had not shown a sufficient basis to authorize substituted service of initial process. The allegation that after driving a vehicle in Florida defendant Aronowitz moved and now resided in Georgia was sufficient to allow for substituted service. See § 48.171, Fla....
