Reseña de Charles Bird v. International Graphics

Charles Bird v. International Graphics de Third District Court of Appeal of Florida Resumen del Libro

The question presented by this appeal is whether the attempted substituted service of the plaintiff/appellee upon the defendant/appellant, pursuant to Section 48.181, Florida Statutes (1977), was sufficient to secure jurisdiction of the defendant. We hold that the service was not sufficient and reverse the judgment. The plaintiff, International Graphics, Inc., sued the defendant for the balance due on an open account. Summons was issued for the individual defendant, Charles Bird, at an address in Dade County, Florida. The summons was returned unexecuted with the notation, moved per manager. Alias summons was issued for service at a different address in Dade County. The return on the alias summons showed no service, with a notation, no longer at this address as per Lianes Sound Studio. Pluries summons was issued and returned unexecuted by an individual who is not shown to have been appointed by the court. Another summons was issued with directions to serve the Secretary of State as the defendant's statutory resident agent, pursuant to Sections 48.181 and 48.161, Florida Statutes (1977). The Secretary of State accepted service. A motion for default was filed and although no default was entered, a final judgment was entered against the defendant. Within ten days, the defendant moved to vacate the judgment upon the ground that he had not been served with process. Defendant's motion was denied and this appeal is from that order.

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