Florida/Georgia Personal Injury & Workers Compensation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...Consequently, under section 48.21 and the cases which strictly construe substituted service provisions, the return of service was defective and the service was invalid. In fact, the service here parallels that in Herskowitz where this court found non-compliance with section 48.031 and, in effect, reversed an order denying a motion to quash service of process....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...ess requires strict compliance with their statutory requirements. See Monaco v. Nealon, 810 So.2d 1084 (Fla. 4th DCA 2002); Mercy Lu Enters., Inc. v. Liberty Mut. Ins. Co., 681 So.2d 758 (Fla. 4th DCA 1996). The statute governing the present case is section 48.031(1)(a), Florida Statutes (2002), reads in pertinent part: Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint......

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...ory requirements") (citing Monaco v. Nealon, 810 So.2d 1084 (Fla. 4th DCA 2002); Mercy Lu Enters., Inc. v. Liberty Mut. Ins. Co., 681 So.2d 758 (Fla. 4th DCA 1996)); see also Shurman v. Atlantic Mortgage & Inv. Corp., 795 So.2d 952, 954 (Fla.2001) ("Section 48.031 expressly requires that substituted service be at the person's `usual place of abode.'")....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

person actually lives at the time of service. Section 48.031(1)(a), Florida Statutes (2005), states that

service of process. Because the requirements of section 48.031(6), Florida Statutes (2010), were not met in

at his usual place of abode as required by section 48.031, Florida Statutes (2004). Because Mr. Cordova

effect valid service of process as required by section 48.031, Florida Statutes (1991). See Slomowitz v.

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

suggest a provision authorizing such service. Section 48.031, F.S.A., refers to obtaining personal service

unnecessary to effectuate service of process. See § 48.031(l)(a), Fla. Stat. (2008); Matthews v. U.S. Bank

under the substitute service provisions of section 48.031(6)(a) FÍóridá Statutes (2015), which provides:

effect valid service of process as required by section 48.031, Florida Statutes (1991). Thus, Linville was

the motion, service was invalid pursuant to section 48.031(l)(a), Florida Statutes (2010), which states

of age or older. § 48.194, Fla. Stat. (1981), § 48.031(1), id. The affidavit accompanying the Cook County

times, the first two of which were pursuant to Section 48.031, Florida Statutes (1975) by serving the appellant's

void because service of process was improper. Section 48.031(1), Florida Statutes (1981), provides for service

appeal. Aetna concedes that the requirements of section 48.031(1), Florida Statutes, were met with the exception

Form 1.902, Florida Rules of Civil Procedure. Section 48.031, Florida Statutes, and Florida Rule of Civil

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

1097 (Fla. 1st DCA 2002). At issue here is section 48.031(1)(a), Florida Statutes (2008), which allows

several occasions, but had posted service under section 48.031(3)(b), Florida Statute. Appellant then took

Subdivision (c) is' revised to conform with section 48.031, Florida Statutes (1979). RULE 1.420 DISMISSAL

status. The general service of process statute, Section 48.031, Florida Statutes (1975), provides for service

requested, did not comport with the requirements of section 48.031, Florida Statutes (2000) and Florida Rule of

sufficient to confer personal jurisdiction over him. § 48.031, Fla. Stat. (1995); see also State, Dep't of Health

defendants within the State of Florida under Fla. Stat. § 48.031 (1973). We distinguish them on this basis and

delivered for service without praecipe.” Under section 48.031(l)(a), Florida Statutes (2010), “Service of

claimed lack of evidence of compliance with section 48.031(5), Florida Statutes (2015), the record refuted

effect valid service of process as required by section 48.031, Florida Statutes (1991). See Slomowitz v.

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

which is contrary to Florida Statute § 48.031(l)(a) — ” They also challenged the attempted substitute

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

service within Florida insufficient, pursuant to section 48.031, Florida Statutes. This statute, governing

117 So.3d 823, 824 (Fla. 4th DCA 2013). Section 48.031, Florida Statutes (2013), governs service of

Marlon Chancelor were not properly served. Section 48.031(l)(a), Florida Statutes, provides that a copy

comply with Florida’s service requirements. See § 48.031(l)(a), Fla. Stat. (2016) (providing that “[sjerviee

process authorized by law shall be issued." Section 48.031(1)(a), Florida Statutes (2002), states that

of the summons. . . ." This is sufficient. See § 48.031(1)(a), Fla. Stat. (2007); cf. Bache Halsey, Stuart

the fact that the service did not comply with section 48.031 and was therefore legally deficient. National

... would establish the failure to effect valid service of process as required by section 48.031, Florida Statutes. Linville v. Home Sav. of Am., FSB, 629 So. 2d 295, 296 (Fla. 4th DCA 1993). Accordingly “[w]here the allegations of the motion to quash service of ...

... was served at her address in Sunrise, Florida by: “Substitute Service – Co- Resident; F.S. 48.031(1)(a): delivered to Monica Meraz (Cousin).” In June 2016, the county court entered a default final judgment for Portfolio Recovery. Eight years later, Portfolio Recovery filed a ...

required by section 48.031(5), Florida Statutes Appellants’ next argument concerns section 48.031(5),

informing the person of their contents .... § 48.031(l)(a), Fla. Stat. (2012) (emphasis added).

effect valid service of process as required by section 48.031, Florida Statutes. Linville v. Home Sav

the process server’s failure to comply with section 48.031, Florida Statutes (2015). See Nirk v. Bank

traditional form of service of process prescribed by section 48.031, Florida Statutes (1991). *512Nor is there

traditional form of service of process pursuant to section 48.031, Florida Statutes (1991). Appellees should

relevant method-of-service statute – in this case, section 48.031 – and the “Return of execution of process”

concedes error. See Fla. R. Civ. P. 1.070(a); § 48.031(1)(a), Fla. Stat. (2011); Ball v. Jones, 65 So

served was Weinstein’s usual place of abode, see § 48.031, Fla.Stat. (1983), Guistiani’s affidavit stands

process server failed to comply with the terms of section 48.031(5), Florida Statutes (2009). The statute provides:

and not upon any of the persons designated in section 48.031, Florida Statutes (1985)- The wife entered

Hyman Berman pursuant to § 47.13, Fla.Stat., now § 48.031, Fla.Stat., F.S.A. There was substantial, competent

GORDO, JJ. PER CURIAM. Affirmed. See § 48.031, Fla. Stat. (2019); Robles-Martinez v. Diaz,

of process was not effected as provided by section 48.031(1), Florida Statutes (1985), we reverse and

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

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

604, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990); § 48.031, Fla.Stat. (1991).

amended to add the statutory reference • of section 48.031, Florida Statutes, to subdivision (h)(1) (Discovery

substitute service of process.” See § 48.031, Fla. Stat. (2012). The record indicates that

notes contain no evidence of compliance with [§ 48.031(1)(a), Fla. Stat. (2009)].”).

that service did not meet the requirements of section 48.031, Florida Statutes (2012). See Bank of Am.,

service was not his “usual place of abode.” See § 48.031, Fla. Stat. (2020). Thus, service was not perfected

held that actual notice is not required under Section 48.031, Florida Statutes. If actual notice is not

sufficient, under former Section 47.13, now Section 48.031, Florida Statutes 1967, F.S.A., to give the

process server failed to strictly comply with section 48.031(5), Florida Statutes (2012), we reverse. Fifth

Gonzalez, at the Lopezes’ alleged residence. See § 48.031(l)(a), Fla. Stat. (1999). On June 1, 2000, Ms

sections of chapter 48, Florida Statutes. Section 48.031(1)(a) directs: Service of original process

service of process was secured on Silva under section 48.031, Florida Statutes (2010), by serving a "Luz

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

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

received service of process in person under section 48.031, Florida Statutes (1991). Affirmed.

Given these undisputed facts, compliance with Section 48.031, Florida Statutes (1979) was not evident. Accordingly

service of process secured, purportedly under section 48.031(1)(a), Florida Statutes (2006),1 by leaving

facility for purposes of substitute service under section 48.031, Florida Statutes). The propriety of service

Tonya Schneider in Tampa which is permitted by section 48.031(1) is sufficient for the trial court to obtain

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

up with a mailed copy. Compare Fla. Stat. Ann. § 48.031 (West 2011) with N.Y. C.P.L.R. § 308 (McKinney

up with a mailed copy. Compare Fla. Stat. Ann. § 48.031 (West 2011) with N.Y. C.P.L.R. § 308 (McKinney

complying with the service of process statutes. Section 48.031(5), Florida Statutes (2009), requires the process

of service on the guardian by reference to section 48.031. The minor was never named in the instant suit

Raymond, 103 Fla. 649, 138 So. 40 (1931))). Section 48.031(1), Florida Statutes (2001), provides as follows:

abode is not valid service on the defendant. Section 48.031, Fla.Stat., provides that, “Service or original

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

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

dissolution proceeding was legally sufficient under Section 48.031, Florida Statutes 1971, to give the court entering

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

that it was not his usual place of abode under section 48.031, Florida Statutes. State Farm filed an

Susan Rokeach, service was sufficient under section 48.031(l)(a), Florida Statutes (1997). On appeal,

server complied with the service statute. See § 48.031, Fla. Stat. Competent, substantial evidence

Reversed and remanded with directions. . See F.S. § 48.031, F.S.A. . We have no record of this hearing

88 So.3d 177 (Fla. 3d DCA 2011). Under section 48.031(l)(a), Florida Statutes (2012), substitute

residence is not his "usual place of abode," under section 48.031(1), Florida Statutes (1983).[1] See State v

was attempted here pursuant to the provisions of § 48.031, F.S.1973, which provides in material part as

substituted service by serving Dr. Monsour’s son. Section 48.031(1)(a), Florida Statutes (1995), provides for

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

therein, informing such person of the contents.” See § 48.031, Fla.Stat. (1993). Subsequently, the appellant

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

older and informing the person of their contents.” § 48.031(l)(a), Fla. Stat. (2004) (emphasis added). In

delivered, which is contrary to Florida Statute § 48.031(1)(a) . . . .” They also challenged the attempted

this court that the plain language of the Florida Statute 48.031 requires service upon a ‘member of the

in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and

the record, we affirm the order in all respects. § 48.031, Fla. Stat. (2019); see also Fla. Dep't

in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and

initial or sign the summons, as required by section 48.031(5), Florida Statutes. Based upon U.S. Bank’s

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

935 So.2d 69, 71 (Fla. 3d DCA 2006). Section 48.031(1)(a), Florida Statutes (2013), requires that

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

Ordinarily, service of process is governed by section 48.031(1)(a), Florida Statutes (2018), which provides

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

in the Florida Rules of Civil Procedure and section 48.031, Florida Statutes. To protect deponents and