Gloucester Engineering, Inc. v. Mendoza

Full title: GLOUCESTER ENGINEERING, INC., A MASSACHUSETTS CORPORATION, APPELLANT, v…

Court: District Court of Appeal of Florida, Third District

Date published: May 27, 1986

489 So. 2d 141 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-364.

May 27, 1986.

Appeal from the Circuit Court, Dade County, Donald E. Stone, J.

Peters, Pickle, Flynn Niemoeller and Jeffrey A. Mowers, Miami, for appellant.

Hershoff Levy and Jay Levy, Miami, for appellees.

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

PER CURIAM.

Since strict compliance with the substituted service statute is required, the order denying the motion to dismiss and to quash service of process is reversed for failure of the plaintiff to timely file the affidavit of compliance with the statute governing substituted service upon nonresidents. § 48.161(1), Fla. Stat. (1985); Smith v. Import Birds, Inc., 461 So.2d 1026 (Fla. 4th DCA 1985); Shiffman v. Stumpff, 445 So.2d 1104 (Fla. 4th DCA 1984). This holding is without prejudice to the plaintiff's procuring alias process and attempting proper service thereof.

Reversed.