Boatfloat LLC v. Golia

John Golia (defendant) filed an action against Boatfloat LLC, a Florida limited-liability company. Boatfloat did not have a registered-agent, did not have a publicly accessible business address, and did not have any business hours during which it was open to the public. Because Golia was unable to identify or locate any of Boatfloat’s directors or employees for service-of-process, Golia served process on Boatfloat via substituted-service on the Florida Secretary of State. Boatfloat did not respond to Golia’s action, and the trial court ultimately entered a default judgment against Boatfloat. Boatfloat moved to vacate the default judgment, arguing that, under Florida law, limited-liability companies could not be served with process via substituted-service on the Florida Secretary of State. Golia countered, arguing that substituted-service was proper (1) because Boatfloat did not have a registered agent, a publicly accessible business address, or any business hours during which it was open to the public; and (2) because under Florida law, limited-liability companies must be served in the same fashion as partnerships, and because limited-partnerships could be served via substituted-service on the Florida Secretary of State, limited-liability companies like Boatfloat could also be served via substituted-service on the secretary. The trial court denied Boatfloat’s motion to vacate the default judgment. Boatfloat appealed.