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Tulpere v. Duval Fed. S L Assoc

District Court of Appeal of Florida, Fourth District
Sep 27, 1989
548 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

Summary

holding that "[s]imply stating that the defendant's residence is unknown" after one attempt at service did not justify constructive service

Summary of this case from Shepheard v. Deutsche Bank Trust Co.

Opinion

No. 89-0731.

September 27, 1989.

Appeal from the Circuit Court, Palm Beach County, Richard B. Burk, J.

Stephen L. Cook, West Palm Beach, for appellant.

John Fenn Foster of Foster Foster, P.A., West Palm Beach, for appellee Duval Federal Sav. and Loan Ass'n of Jacksonville.


We reverse the non-final order of the trial court denying appellant's motion to quash service of process by publication. The record reflects that appellant is a Florida resident who was absent from the state at the time of the single attempt at service of process. In the face of the explanation in the sheriff's return, as per information supplied by a neighbor, and considering the acknowledgment in the plaintiff's affidavit that the defendant's mailing address remained at her home residence, it was incumbent upon the plaintiff to show why compliance with section 49.041(3)(c), Florida Statutes, was not required. Simply stating that the defendant's residence is unknown and that one attempt was made at service is insufficient under these circumstances. Cf. Taylor v. Lopez, 358 So.2d 69 (Fla. 3d DCA 1978).

LETTS, STONE and POLEN, JJ., concur.


Summaries of

Tulpere v. Duval Fed. S L Assoc

District Court of Appeal of Florida, Fourth District
Sep 27, 1989
548 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

holding that "[s]imply stating that the defendant's residence is unknown" after one attempt at service did not justify constructive service

Summary of this case from Shepheard v. Deutsche Bank Trust Co.

In Tulpere v. Duval Federal Savings and Loan Association of Jacksonville, 548 So.2d 1190, 1191 (Fla. 4th DCA 1989), this court reversed appellee's first constructive service upon appellant and held, "Simply stating that defendant's residence is unknown and that one attempt was made at service is insufficient under [the] circumstances."

Summary of this case from Tulpere v. Duval Federal Sav. Loan
Case details for

Tulpere v. Duval Fed. S L Assoc

Case Details

Full title:RENEE TULPERE, APPELLANT, v. DUVAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 27, 1989

Citations

548 So. 2d 1190 (Fla. Dist. Ct. App. 1989)

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