TORELLI v. TRAVELERS INDEM. CO.

No. 86-926.

495 So.2d 837 (1986)

Maria Teresa TORELLI, a/K/a Maria Teresa Merlo, Appellant, v. TRAVELERS INDEMNITY CO., As Subrogee for Susan Hoffman, Appellee.

District Court of Appeal of Florida, Third District.

October 7, 1986.


Attorney(s) appearing for the Case

Marc Hauser, Bay Harbor, for appellant.

Max A. Goldfarb, Miami, for appellee.

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


PER CURIAM.

The failure of the plaintiff to follow an obvious lead to the defendant's whereabouts, that is, to make inquiry of the defendant's known attorney, compels us to conclude, unlike the trial court, that the plaintiff did not exercise due diligence in attempting to locate the defendant and was thus not entitled to assert that the defendant was concealing her whereabouts or was no longer a resident of Florida so as to trigger the operation of the "substituted...

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