Stern v. Gad

The appellee attempted personal service on the appellant by serving the appellant’s wife at a Miami Beach condominium owned by the appellant, pursuant to Section 48.-031(1), Florida Statutes (1985). We hold that mere ownership of a condominium and service upon the wife of an owner will not suffice to establish “usual place of abode,” when the defendant submitted an affidavit that he was not in the jurisdiction on the date of purported service, and that in fact he does not reside in the United States. We recognize that residence and “usual place of abode” are two different terms. State v.…