Smith v. Alvarado

Appellants seek review of orders that denied their motions to quash substitute service. They argue that the plaintiff did not strictly comply with the substitute service statutes as required. See Mercy Lu Enters., Inc. v. Liberty Mut. Ins., 681 So.2d 758 (Fla. 4th DCA 1996); § 48.161, Fla. Stat. (1997).

We agree with the appellants. Plaintiff failed to mail the notice of service and a copy of the process to appellant Randall Smith d/b/a Smith Trucking “forthwith,” but rather mailed it approximately 115 days later. See Arison v. Offer, 626 So.2d 1039 (Fla. 4th DCA 1993). Additionally, the…