Legal Opinion

Hobe Sound Industrial Park, Inc. v. First Union National Bank of Florida

District Court of Appeal of Florida

Decided February 26, 1992No. 91-2027PublishedCited by 1 opinion

1Opinion of the Court

STONE, Judge.

We reverse an order denying appellants’ motion to quash service of process by publication under chapter 49, Florida Statutes. The plaintiffs’ affidavit for constructive service is facially insufficient. Tulpere v. Duval Fed. Sav. & Loan Ass’n of Jacksonville, 575 So.2d 801 (Fla. 4th DCA 1991); Wiggam v. Bamford, 562 So.2d 389 (Fla. 4th DCA 1990); Bodden v. Young, 422 So.2d 1055 (Fla. 4th DCA 1982). The affidavit provided only that affiant did the following as a diligent search:(a) Checked the records of the clerk of circuit court concerning a case wherein the defendant is a party…

2Cases cited3 opinions

  1. Wiggam v. BamfordDistrict Court of Appeal of Florida · 1990
  2. Bodden v. YoungDistrict Court of Appeal of Florida · 1982
  3. Tulpere v. Duval Federal Savings & Loan Ass'n of JacksonvilleDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. United States v. RodrigueUnited States Court of International Trade · 2009

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