LOPEZ v. SLY

No. 86-2414.

499 So.2d 71 (1986)

Jorge LOPEZ and Zoila I. Rosales, Appellants, v. Joyce B. SLY, Appellee.

District Court of Appeal of Florida, Third District.

December 30, 1986.


Attorney(s) appearing for the Case

Robey & Pelstring and R. James Pelstring, Miami, for appellants.

Hessen, Schimmel & De Castro and Robert L. Schimmel, Miami, for appellee.

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


PER CURIAM.

The record supports the trial court's finding that the plaintiff exercised due diligence in attempting to locate the defendants and was thus entitled to assert that they were concealing their whereabouts or were no longer residents of Florida so as to trigger the operation of the "substituted service on non-resident motor vehicle owner" statute, Section 48.171, Florida Statutes (1985). Accordingly, the trial court's order denying the defendants' motion...

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