Kenrick v. Coleman

The defendant in a negligence action appeals from a nonfinal order denying his motion to dismiss for insufficient service of process.

On August 22,1994, plaintiff Paul Coleman served a complaint for damages against James Cornelius Kenriek, a nonresident motor vehicle operator, on the Florida Secretary of State pursuant to sections 48.161 and 48.171, Florida Statutes (1993). However, Coleman did not send Kenriek notice of service of process and a copy of the process, as required by section 48.161, until 150 days after he had served the Secretary of State.

Section 48.161 provides that “[njotice…