Legal Opinion

Portfolio Recovery Associates, LLC v. Gonzalez

District Court of Appeal of Florida

Decided March 28, 2007No. 3D06-1489PublishedCited by 2 opinions

1Opinion of the Court

SCHWARTZ, Senior Judge.

The plaintiff appeals from an order quashing substituted service of process secured, purportedly under section 48.031(1)(a), Florida Statutes (2006),1 by leaving a copy of the summons and complaint at her home with a woman who was the mother of one defendant and the mother-in-law of the other. The trial court’s ruling was correct and is affirmed because an undisputed affidavit demonstrated that neither of the defendants had lived at that address for five years, and thus that it was not their “usual place of abode” as the statute requires. See State ex rel. Merritt v.…

2Cases cited6 opinions

  1. State Ex Rel. Merritt v. HeffernanSupreme Court of Florida · 1940
  2. Small v. ChicolaDistrict Court of Appeal of Florida · 2006
  3. Alvarez v. STATE FARM MUT. AUTO INS. COMPANYDistrict Court of Appeal of Florida · 1994
  4. Moschetta v. Atlantic National Bank of BrowardDistrict Court of Appeal of Florida · 1989
  5. Hovarth v. Aetna Life Ins. Co.District Court of Appeal of Florida · 1994

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Kemmerer v. Klass Associates, Inc.District Court of Appeal of Florida · 2013
  2. Robles-Martinez v. Diaz, Reus & Targ, LLPDistrict Court of Appeal of Florida · 2011

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