Palomino v. Federal National Mortgage Ass'n

Ruby Palomino seeks reversal of the trial court’s order denying her motion to quash service by publication. The affidavit of Federal National Mortgage Association, plaintiff below, states, among other things, that “[d]efendant(s) have concealed themselves [sic] so that process can be personally served upon them [sic].... ” (Emphasis supplied.) Palomino contends that the affidavit was insufficient to support constructive service pursuant to sections 49.011(1), .021(1), .031-041, Florida Statutes (1985). We agree.

As a prerequisite to utilizing constructive service of process, plaintiff must…