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Florida District Courts of Appeal, 1986

Gloucester Engineering, Inc. v. Mendoza

Gloucester Engineering, Inc. v. Mendoza
Florida District Courts of Appeal · Decided May 27, 1986 · Nesbitt, Daniel S. Pearson and Ferguson
489 So. 2d 141; 11 Fla. L. Weekly 1202 (Southern Reporter, Second Series)

Gloucester Engineering, Inc. v. Mendoza

Opinion

489 So.2d 141 (1986)

GLOUCESTER ENGINEERING, INC., a Massachusetts Corporation, Appellant,
v.
Eric MENDOZA and Grizella Mendoza, His Wife, Appellees.

No. 86-364.

District Court of Appeal of Florida, Third District.

May 27, 1986.

*142 Peters, Pickle, Flynn & Niemoeller and Jeffrey A. Mowers, Miami, for appellant.

Hershoff & Levy and Jay Levy, Miami, for appellees.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Since strict compliance with the substituted service statute is required, the order denying the motion to dismiss and to quash service of process is reversed for failure of the plaintiff to timely file the affidavit of compliance with the statute governing substituted service upon nonresidents. § 48.161(1), Fla. Stat. (1985); Smith v. Import Birds, Inc., 461 So.2d 1026 (Fla. 4th DCA 1985); Shiffman v. Stumpff, 445 So.2d 1104 (Fla. 4th DCA 1984). This holding is without prejudice to the plaintiff's procuring alias process and attempting proper service thereof.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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