Robles-Martinez v. Diaz, Reus & Targ, LLP

I respectfully dissent as I find that the plaintiff did not prove valid service under the substituted service provision of section 48.031(l)(a), Florida Statutes (2010), and I would remand for further proceedings as set forth below.

Section 48.031(l)(a), which must be strictly construed, only allows for substitute service by “leaving the copies at [the defendant’s] usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.” (emphasis added). The Florida Supreme Court, this Court, and our sister courts have drawn an…