HERNANDEZ v. STATE FARM MUT. AUTO. INS. CO.

No. 4D09-3825.

32 So.3d 695 (2010)

Rufino HERNANDEZ, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as subrogee of RFB Investment Group and State Farm Mutual Automobile Insurance Company, as subrogee of Roy Bray, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 2010.


Attorney(s) appearing for the Case

José E. Pagan and Christopher H. McElroy of Allen, Kopet & Associates, PLLC, Tallahassee and Neil V. Singh of Allen, Kopet & Associates, PLLC, Fort Lauderdale, for appellant.

Samuel Bookhardt, III of Vance, Lotane & Bookhardt, P.A., Cocoa, for appellee.


WARNER, J.

Rufino Hernandez appeals the trial court's order denying his motion to quash service of process, claiming that the trial court erred in determining that the plaintiff had sufficiently complied with the statutory prerequisites for substituted service. We agree and reverse, because the allegations of the complaint concerning service were not sufficient to invoke substituted service over the appellant, and the plaintiff did not produce a return receipt for...

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