Government Employees Insurance Co. v. Mendez

District Court of Appeal of Florida

Government Employees Insurance Co. v. Mendez

372 So. 2d 544, 1979 Fla. App. LEXIS 15376

CourtDistrict Court of Appeal of Florida

DecidedJuly 3, 1979

DocketNos. 78-2078, 78-2100

StatusPublished

This text of 372 So. 2d 544 (Government Employees Insurance Co. v. Mendez) 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

Government Employees Insurance Co. v. Mendez, 372 So. 2d 544, 1979 Fla. App. LEXIS 15376 (Fla. Ct. App. 1979).

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Opinion

KEHOE, Judge.

Appellants, defendants below, bring these consolidated appeals from an order, as amended, entered by the trial court denying their motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. We reverse.

In May of 1978, appellee filed suit against appellants alleging that the individuals owned and operated a vehicle which was insured by appellee GEICO. Appellee further alleged that appellant Mitchell Cress had negligently operated the vehicle causing it to collide with her car, resulting in severe physical injuries to herself. Service was obtained on only appellant Tommie Lee Burton who was served by substituted service through the Florida Secretary of State pursuant to Section 48.171, Florida Statutes (1977). Subsequently, appellants’ motion to dismiss for insufficiency of service of process and lack of personal jurisdiction was denied by the trial court in the order appealed. In our opinion this constituted reversible error because the record reflects that, at the time the order was entered, there was insufficient evidence before the trial court to establish the ground that the party served by substituted service was secreting himself. See Bird v. International Graphics, 362 So.2d 316 (Fla. 3d DCA 1978); Bejar v. Garcia, 354 So.2d 964 (Fla. 3d DCA 1978); and § 48.171, Fla.Stat. [545]*545(1977). Accordingly, the order appealed is reversed.

Reversed.

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KEHOE, Judge.

Appellants, defendants below, bring these consolidated appeals from an order, as amended, entered by the trial court denying their motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. We reverse.

In May of 1978, appellee filed suit against appellants alleging that the individuals owned and operated a vehicle which was insured by appellee GEICO. Appellee further alleged that appellant Mitchell Cress had negligently operated the vehicle causing it to collide with her car, resulting in severe physical injuries to herself. Service was obtained on only appellant Tommie Lee Burton who was served by substituted service through the Florida Secretary of State pursuant to Section 48.171, Florida Statutes (1977). Subsequently, appellants’ motion to dismiss for insufficiency of service of process and lack of personal jurisdiction was denied by the trial court in the order appealed. In our opinion this constituted reversible error because the record reflects that, at the time the order was entered, there was insufficient evidence before the trial court to establish the ground that the party served by substituted service was secreting himself. See Bird v. International Graphics, 362 So.2d 316 (Fla. 3d DCA 1978); Bejar v. Garcia, 354 So.2d 964 (Fla. 3d DCA 1978); and § 48.171, Fla.Stat. [545]*545(1977). Accordingly, the order appealed is reversed.

Reversed.

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372 So. 2d 544, 1979 Fla. App. LEXIS 15376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-employees-insurance-co-v-mendez-fladistctapp-1979.

Opinion

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