Benitez v. Insurance Co. of North America

District Court of Appeal of Florida

Benitez v. Insurance Co. of North America

385 So. 2d 128, 1980 Fla. App. LEXIS 17037

CourtDistrict Court of Appeal of Florida

DecidedJune 17, 1980

DocketNo. 80-389

StatusPublished

Cited by3 cases

This text of 385 So. 2d 128 (Benitez v. Insurance Co. of North America) 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.

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Benitez v. Insurance Co. of North America, 385 So. 2d 128, 1980 Fla. App. LEXIS 17037 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The order under review is reversed upon a holding that the trial court did not acquire jurisdiction over the defendant Angel Benitez as the substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally ineffective for two reasons [either one of which was sufficient to defeat the substituted service of process] to wit: (a) the plaintiff Insurance Company of North America’s complaint failed, as required by law, to allege that the above defendant was either a non-resident of Florida or was concealing his whereabouts, and (b) there was an insufficient evidentiary showing on this record that the above defendant was, as required by law, either a non-resident of Florida or was concealing his whereabouts. Bird v. International Graphics, Inc., 362 So.2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So.2d 112 (Fla. 3d DCA 1978); Bistricer v. Ehrenreich, 346 So.2d 624 (Fla. 3d DCA 1977); Chase Manhattan Bank, N. A. v. Banco Del Atlantico, 343 So.2d 936, 937 (Fla. 3d DCA 1977); Elmex Corp. v. Atlantic Federal Savings and Loan Ass’n., 325 So.2d 58, 61-62 (Fla. 4th DCA 1976). Upon this reversal, the cause is remanded to the trial court with directions to dismiss the plaintiff’s complaint as to the defendant Angel Benitez.

Reversed and remanded.

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PER CURIAM.

The order under review is reversed upon a holding that the trial court did not acquire jurisdiction over the defendant Angel Benitez as the substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally ineffective for two reasons [either one of which was sufficient to defeat the substituted service of process] to wit: (a) the plaintiff Insurance Company of North America’s complaint failed, as required by law, to allege that the above defendant was either a non-resident of Florida or was concealing his whereabouts, and (b) there was an insufficient evidentiary showing on this record that the above defendant was, as required by law, either a non-resident of Florida or was concealing his whereabouts. Bird v. International Graphics, Inc., 362 So.2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So.2d 112 (Fla. 3d DCA 1978); Bistricer v. Ehrenreich, 346 So.2d 624 (Fla. 3d DCA 1977); Chase Manhattan Bank, N. A. v. Banco Del Atlantico, 343 So.2d 936, 937 (Fla. 3d DCA 1977); Elmex Corp. v. Atlantic Federal Savings and Loan Ass’n., 325 So.2d 58, 61-62 (Fla. 4th DCA 1976). Upon this reversal, the cause is remanded to the trial court with directions to dismiss the plaintiff’s complaint as to the defendant Angel Benitez.

Reversed and remanded.

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385 So. 2d 128, 1980 Fla. App. LEXIS 17037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benitez-v-insurance-co-of-north-america-fladistctapp-1980.

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