## Facts

- Pedro Castro and Maria Robles de Castro owned a condominium unit in Miami governed by The Charter Club, Inc., the condominium association.
- After the Castros became delinquent on assessments, the association sent a notice of intent to lien by certified mail to the address listed in its records as the Castros’ alternate/billing address (their daughter’s residence); the notice was received and signed for.
- The association recorded a claim of lien and later filed a foreclosure action against the Castros.
- A process server attempted personal service at the condominium, but the return of service stated service attempts were discontinued without stating any reasons.
- Months later, the process server contacted the Castros’ daughter, obtained an address on Collins Avenue, attempted service there, and reported the unit number did not exist.
- The process server did not return to the daughter’s residence to verify the address or seek additional assistance, and the association did not attempt personal service at the daughter’s address where certified mail had previously reached the Castros.
- The association pursued constructive service by publication and filed an affidavit asserting a diligent search and inquiry but inability to locate the Castros.
- The trial court entered a default and final foreclosure judgment; the Castros moved to vacate for lack of personal jurisdiction due to defective constructive service, and the trial court denied the motion.

## Issues

1. Whether the association conducted the “diligent search and inquiry” required before resorting to service by publication.
2. Whether defective constructive service deprived the trial court of personal jurisdiction, rendering the default and foreclosure judgment void and subject to vacatur.

## Decision

- The appellate court reversed the order denying the motion to vacate.
- The court held the association did not conduct a diligent search and inquiry sufficient to justify service by publication.
- Because constructive service was invalid, the trial court never obtained personal jurisdiction over the Castros.
- The case was remanded with instructions to vacate the default and final foreclosure judgment.

## Legal Principles

- Service by publication is an extraordinary method of service that is strictly construed and disfavored when a defendant’s location is known or readily ascertainable.
- Before using publication, a plaintiff must exhaust reasonable means to effect personal service; a conclusory “diligent search” affidavit cannot substitute for actual, reasonable investigative efforts.
- When constructive service is not supported by a diligent search and inquiry, service is invalid, personal jurisdiction is absent, and resulting judgments are void.

## Conclusion

The court required vacatur of the default and foreclosure judgment because the association failed to pursue readily available leads before using service by publication, making constructive service invalid and depriving the trial court of personal jurisdiction.


Castro v. Charter Club, Inc., 114 So. 3d 1055 (Fla. Dist. Ct. App. 2013)