DELANCY v. Tobias

Beverly Delaney (“Delaney”) appeals from an order dismissing her action against appellee, Andrew Tobias (“Tobi-as”), for insufficiency of service. Because Delaney properly and timely perfected substituted service on Tobias, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

In 2006, Delaney filed a premises liability action against Tobias for injuries she suffered after a slip and fall accident at an apartment building owned by Tobias. Despite continued efforts to serve Tobias personally at two addresses, including a gated residence in Florida, Delaney was unsuccessful in serving him despite an…