Ferguson v. McWilliams, 84-1565

• Decision Date: 19 February 1986
• Docket Number: No. 84-1565,84-1565
• Citation: 483 So.2d 509,11 Fla. L. Weekly 464
• Parties: 11 Fla. L. Weekly 464 Russell Jay FERGUSON, Appellant, v. James Walter McWILLIAMS, Jr., et al., Appellees.
• Court: Florida District Court of Appeals

Page 509

483 So.2d 509

11 Fla. L. Weekly 464

Russell Jay FERGUSON, Appellant, v.James Walter McWILLIAMS, Jr., et al., Appellees.

No. 84-1565.

District Court of Appeal of Florida Fourth District.

Feb. 19, 1986.

William R. Lemos of Lanza, Sevier & O'Connor, P.A., Coral Gables, for appellant.

Diana Santa Maria of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

Defendant brings this non-final appeal to challenge an order denying his motion to quash service of process.We reverse.

Plaintiff sued defendant for injuries sustained in an automobile accident.Attempts at personal service proved unsuccessful.Thus, plaintiff sought to utilize sections 48.161and48.171, Florida Statutes (1985), which, in specified instances, authorize substituted service on the Secretary of State.Next, defendant moved to quash service of process on the ground that the complaint failed to contain any allegations to justify the use of substituted service of process.The motion was denied and this appeal ensued.

It is well-settled that "[t]o support substituted service of process on a defendant, the complaint must allege the jurisdictional requirements prescribed by statute.If it fails to do so, then a motion to quash process and service of process should be granted."Drake v. Scharlau, 353 So.2d 961, 964(Fla. 2d DCA1978);see alsoBenitez v. Insurance Co. of North America, 385 So.2d 128(Fla. 3d DCA1980);Turcotte v. Graves, 374 So.2d 641(Fla. 4th DCA1979);Bistricer v. Ehrenreich, 346 So.2d 624(Fla. 3d DCA1977);Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So.2d 198(Fla. 4th DCA1974).

Since the plaintiff's complaint in the case at bar is devoid of any jurisdictional allegations which would...