## Facts

- Arnco Construction, Inc. (Arnco) entered into a Florida construction contract with Javier Torres, a longtime New York resident.
- After a dispute, Arnco filed a Florida breach-of-contract action against Javier.
- Arnco hired a New York process server, who made multiple unsuccessful attempts to serve Javier at Javier’s New York City apartment.
- In an affidavit of service, the New York process server stated neighbors confirmed Javier lived at the apartment, but said Javier traveled frequently and spent significant time in Florida with his mother, Gregoria Torres.
- Arnco then hired a Florida process server and attempted to serve Javier by substituted service on Gregoria at her Florida home.
- Gregoria accepted the papers and told the Florida process server that Javier would be home soon and that she would make sure Javier received the documents.
- Javier did not respond, and the trial court entered a default judgment against him.
- After learning of the default judgment through Gregoria’s attorney, Javier moved to vacate the default judgment, arguing the Florida court lacked personal jurisdiction because he was not properly served and Gregoria’s home was not his “usual place of abode.”
- The trial court held a hearing that was not evidentiary (no live testimony or additional evidence) and denied Javier’s motion.
- Javier appealed.

## Issues

1. Whether substituted service on Javier’s mother at her Florida residence was valid under section 48.031, Florida Statutes (2002), when the record did not establish that location was Javier’s “usual place of abode.”
2. If service was invalid, whether the resulting default judgment was void for lack of personal jurisdiction and had to be vacated.

## Decision

- Reversed and remanded.
- The court held Arnco did not establish valid substituted service because the record did not show Gregoria’s Florida home was Javier’s “usual place of abode” at the time of service.
- Because valid service is required to obtain personal jurisdiction, the default judgment entered without proper service was void and should have been set aside.

## Legal Principles

- Service-of-process statutes are strictly construed, and a party relying on substituted service must show strict compliance with the statute.
- Under section 48.031(1), Florida Statutes (2002), substituted service is permitted only by leaving the summons and complaint at the defendant’s “usual place of abode” with a resident who is at least 15 years old.
- “Usual place of abode” means the place where the defendant is actually living at the time service is attempted; it is not satisfied merely because the defendant sometimes stays at, visits, or has ties to the location.
- The plaintiff bears the burden to prove valid service when service is challenged.
- A judgment entered without valid service and personal jurisdiction is void and must be vacated on timely motion.

## Conclusion

The Fifth District reversed the order denying relief from the default judgment because Arnco did not prove that substituted service on Torres’s mother at her Florida home occurred at Torres’s usual place of abode as required by section 48.031, so the trial court lacked personal jurisdiction and the default judgment was void.


Torres v. Arnco Construction, Inc., 867 So. 2d 583 (2004)