Tamayo v. Caballero, 82-37
| Decision Date | 30 March 1982 |
| Docket Number | No. 82-37,82-37 |
| Citation | 413 So.2d 78 |
| Parties | Edmer TAMAYO and Marina Torres de Tamayo, his wife, jointly and severally, Appellants, v. Joan v. CABALLERO, Appellee. |
| Court | Florida District Court of Appeals |
Patrick A. Podsaid, Sheryl Lowenthal Javits, Miami, for appellants.
Gary N. Holthus, Miami, for appellee.
Before HENDRY, BASKIN and JORGENSON, JJ.
Edmer Tamayo and his wife, Marina, appeal from the trial court's order denying their motion to quash service of process. We find their point well-taken and reverse.
The undisputed facts are that the Tamayos are Colombian nationals whose principal residence is Bogota, Colombia. At the time service was attempted, the Tamayos were outside the jurisdiction of the State of Florida and the United States. Service of process was obtained by serving a Mr. Molina, who was employed as the Tamayo's caretaker/gardener. Molina was not a resident of the household and spoke no English. Deputy Leahy could not recall whom he had served; he spoke no Spanish.
Given these undisputed facts, compliance with Section 48.031, Florida Statutes (1979) was not evident. Accordingly, the order under review is reversed and this cause is remanded with directions to the trial court to enter an order quashing service of process. Hauser v. Schiff, 341 So.2d 531 (Fla. 3d DCA 1977).
Reversed and remanded with directions.
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A.T. Clayton & Co. v. Hachenberger
...long-term employee does not impact the outcome where, as here, the employee does not live with the defendant. See Tamayo v. Caballero, 413 So. 2d 78 (Fla. Dist. Ct. App. 1982) (service on caretaker/gardener who did not live in household of his employer was not effective substitute service o......
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Smatt v. Howard W. Wehnes, Jr. & Co., Inc., 82-34
...Section 48.031, Florida Statutes (1979). The trial court erred in not granting the motion to quash service of process. Tamayo v. Caballero, 413 So.2d 78 (Fla.3d DCA 1982); Hauser v. Schiff, 341 So.2d 531 (Fla.3d DCA Accordingly, the order under review is reversed and this cause is remanded ......