## Facts

- Dr. John Golia sued Boatfloat LLC, a Florida limited-liability company.
- Boatfloat had no registered agent on file and lacked a publicly accessible business address or public business hours.
- Golia was unable, after attempts at traditional service, to locate a registered agent or other persons suitable for personal service.
- Golia obtained an alias summons and served process on the Florida Secretary of State as substituted service.
- Boatfloat did not respond, and the trial court entered a default judgment for Golia.
- Boatfloat moved to vacate the default judgment, arguing service was statutorily unauthorized and therefore invalid.
- The trial court denied the motion to vacate, and Boatfloat appealed.

## Issues

1. Whether Florida law authorized substituted service on the Florida Secretary of State to obtain service of process on a domestic limited-liability company when personal service could not be accomplished because the LLC lacked a registered agent and public business presence.
2. Whether a default judgment entered after statutorily unauthorized service must be vacated for lack of valid service of process.

## Decision

- The appellate court reversed the order denying Boatfloat’s motion to vacate the default judgment.
- The court held that substituted service on the Secretary of State was not statutorily authorized for service on a Florida domestic LLC under the circumstances presented.
- Because service was improper, the default judgment could not stand.
- The case was remanded for further proceedings.

## Legal Principles

- Statutes authorizing substituted or constructive service are strictly construed; courts do not extend them beyond their express terms.
- The existence of substituted service procedures for other entity types (including certain partnership contexts) does not, without clear statutory language, permit using the same method for domestic LLCs.
- A default judgment entered without valid service of process is subject to being set aside upon a timely challenge to service.

## Conclusion

The court rejected substituted service on the Florida Secretary of State as a method to serve a domestic LLC absent clear statutory authorization, reversed the denial of the motion to vacate, and remanded because the default judgment was founded on invalid service.


Boatfloat LLC v. Golia, 915 So. 2d 288 (Fla. Dist. Ct. App. 4th Dist. 2005)