Arison v. Offer

GUNTHER, Judge.

We reverse the trial court’s order denying Ted Arison’s motion to quash service of process.

In the case at bar, appellee utilized substituted service to effectuate service on Arison pursuant to section 48.161, Florida Statutes (1991). Section 48.161 requires that notice of service on the secretary of state be sent to the nonresident defendant “forthwith.” In Parish Mortgage Corp. v. Davis, 251 So.2d 342 (Fla. 3d DCA), cert. denied, 254 So.2d 789 (Fla.1971), the third district found that a delay of thirty-seven days was not “forthwith.” Here, the notice was sent sixty-eight days…