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Lopez v. Sly

District Court of Appeal of Florida, Third District
Dec 30, 1986
499 So. 2d 71 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-2414.

December 30, 1986.

An Appeal from a non-final order from the Circuit Court, Dade County; Herbert M. Klein, Judge.

Robey Pelstring and R. James Pelstring, Miami, for appellants.

Hessen, Schimmel De Castro and Robert L. Schimmel, Miami, for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


The record supports the trial court's finding that the plaintiff exercised due diligence in attempting to locate the defendants and was thus entitled to assert that they were concealing their whereabouts or were no longer residents of Florida so as to trigger the operation of the "substituted service on non-resident motor vehicle owner" statute, Section 48.171, Florida Statutes (1985). Accordingly, the trial court's order denying the defendants' motion to quash service of process is

Affirmed.


Summaries of

Lopez v. Sly

District Court of Appeal of Florida, Third District
Dec 30, 1986
499 So. 2d 71 (Fla. Dist. Ct. App. 1986)
Case details for

Lopez v. Sly

Case Details

Full title:JORGE LOPEZ AND ZOILA I. ROSALES, APPELLANTS, v. JOYCE B. SLY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 30, 1986

Citations

499 So. 2d 71 (Fla. Dist. Ct. App. 1986)