Gloucester Engineering, Inc. v. Mendoza

GLOUCESTER ENGINEERING, INC., a Massachusetts Corporation, Appellant, v. Eric MENDOZA and Grizella Mendoza, His Wife, Appellees.

District Court of Appeal of Florida

Decided May 27, 1986.

District Court of Appeal of Florida · decided 1986-05-27

Relies on 461 So. 2d 1026 - Smith v. Import Birds, Inc. · 445 So. 2d 1104 - Shiffman v. Stumpff

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-27

How this case has been cited

Cited by 11 later decisions — most recently January 2017

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *142 Peters, Pickle, Flynn & Niemoeller and Jeffrey A. Mowers, Miami, for appellant.

¶2Hershoff & Levy and Jay Levy, Miami, for appellees.

¶3Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

¶4PER CURIAM.

¶5Since 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.

¶6Reversed.