Randy Cohen v. Sonia Aponte, 35 Fla. L. Wkly D137c (Fla. 4th DCA Jan. 6, 2010)

In this auto accident case, the defendant moved to dismiss the complaint for insufficient substitute service of process because the affidavit of compliance was not filed on or before the return day of process (20 days after the complaint was filed with the Department of State) as required by Florida’s substitute service of process statute, Section 48.161(1). The appellate court reversed because “[p]erfection of substituted service requires strict compliance with the statutory prerequisites because such service is an exception to personal service.”

Randy Cohen v. Sonia Aponte, 35 Fla. L. Wkly D137c (Fla. 4th DCA Jan. 6, 2010)