Carlini v. State Department of Legal Affairs

521 So. 2d 254 (1988)

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Carlini v. State Department of Legal Affairs

Florida District Court of Appeal
521 So. 2d 254 (1988)

Facts

The Florida Department of Legal Affairs (department) (plaintiff) filed a real-property forfeiture action against Janet Carlini (defendant). The department attempted to serve Janet at the property subject to the forfeiture action; however, because Janet was not present at the time of service, the department served Janet’s brother-in-law, Peter Carlini, instead. Janet filed a motion-to-quash service-of-process, arguing that the substituted-service on Peter was defective service-of-process because (1) neither Peter nor Janet resided at the property subject to forfeiture; and (2) substituted-service could only be validly effectuated at Janet’s residence on a person with whom Janet cohabitated. Janet’s motion-to-quash service-of-process included corroborating evidence but did not state how the department could cure the defective service. The trial court denied Janet’s motion-to-quash service-of-process, holding that (1) motions-to-quash service-of-process based on defective service were required to state how the defective service could be cured; and (2) Janet’s motion-to-quash failed because it did not include the required cure statement. Janet appealed.

Rule of Law

Issue

Holding and Reasoning (Walden, J.)

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