Arison v. Offer

District Court of Appeal of Florida

Arison v. Offer

626 So. 2d 1039, 1993 Fla. App. LEXIS 11258, 1993 WL 458046

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1993

DocketNo. 93-1030

StatusPublished

Cited by3 cases

This text of 626 So. 2d 1039 (Arison v. Offer) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arison v. Offer, 626 So. 2d 1039, 1993 Fla. App. LEXIS 11258, 1993 WL 458046 (Fla. Ct. App. 1993).

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Opinion

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 after the secretary of state accepted service. The appellees do not dispute that they failed to comply'with the statutory time limits. However, they argue that the trial court had the authority to excuse their noncompliance because the appellant faded to demonstrate that he was prejudiced by the delay. They offer no legal support for this argument and we can find none. Where the plaintiff has failed to comply with the notice requirements of the statute, service must be quashed. Sierra Holding, Inc. v. Sharp Elecs. Corp., 471 So.2d 196, 197 (Fla. 4th DCA 1985).

Accordingly, we agree with Arison’s contention that the order must be reversed because appellee failed to comply with the strict requirements of section 48.161, Florida Statutes (Supp.1990), when he failed to mail the notice of service and a copy of the process to the appellant “forthwith,” but waited 68 days after service on the secretary of state to do so.

REVERSED.

POLEN and KLEIN, JJ., concur.

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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 after the secretary of state accepted service. The appellees do not dispute that they failed to comply'with the statutory time limits. However, they argue that the trial court had the authority to excuse their noncompliance because the appellant faded to demonstrate that he was prejudiced by the delay. They offer no legal support for this argument and we can find none. Where the plaintiff has failed to comply with the notice requirements of the statute, service must be quashed. Sierra Holding, Inc. v. Sharp Elecs. Corp., 471 So.2d 196, 197 (Fla. 4th DCA 1985).

Accordingly, we agree with Arison’s contention that the order must be reversed because appellee failed to comply with the strict requirements of section 48.161, Florida Statutes (Supp.1990), when he failed to mail the notice of service and a copy of the process to the appellant “forthwith,” but waited 68 days after service on the secretary of state to do so.

REVERSED.

POLEN and KLEIN, JJ., concur.

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626 So. 2d 1039, 1993 Fla. App. LEXIS 11258, 1993 WL 458046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arison-v-offer-fladistctapp-1993.

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