OTEMAN, S.A. v. NAPOLES

No. 3D00-264.

757 So.2d 1261 (2000)

OTEMAN, S.A., Appellant, v. Yamilet NAPOLES and Jose Enrique Cardenas, Appellees.

District Court of Appeal of Florida, Third District.

May 24, 2000.


Attorney(s) appearing for the Case

Renee Adwar and M.A. Martin, Miami, for appellant.

Stabinski & Funt, Miami; Bambi G. Blum, Miami, for appellees.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.


PER CURIAM.

The only substantial question raised on this appeal from a denial of a motion to set aside a default is whether the substituted service effected on the defendant was defective because of the plaintiffs failure to file an appropriate affidavit of compliance as required by section 48.161, Florida Statutes (1999). We agree with the trial court that compliance was excused because, although the certified mailing to the defendant was returned marked "unclaimed...

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