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Interesting Case on Service of Process on Limited Liability Company “LLC” out of 2nd District Court of Appeals in Tampa, Florida

There was an interesting article on service of process on a Limited Liability Corporation ” LLC” in Florida Law Weekly recently. 49 Fla. Law Weekly D893a. 

It held that verified return of service indicating that an individual at the registered agent’s office had accepted summons on the registered agent’s behalf and, after allegedly speaking with registered agent to confirm that individual’s authority to do so, trial court erred by vacating default judgment based on determination that return of service was irregular on its face because it did not indicate that substitute service was effectuated. 

The case had a discussion of service on Limited Liability Companies Return of Service was regular on its face where it recounted the date and time that process server had left court papers with an individual who told him that the registered agent had authorized her to accept service. Nothing in law states that affixing “substitute service” label is legally required or that its absence from verified return of service rendered return irregular. 

Under the service of process statutes, manner of service means how service was accomplished, not the label affixed to the return of service. Because return of service was regular on its face, service is presumed valid, and the defendant had the burden to overcome presumption. The appellate court rejected the argument that the service was defective because the individual who accepted Service was not the registered agent’s employee. 

The service was properly effectuated under section 48.091(3) where, although the statute requires a registered agent to keep one or more individuals who are representatives of the designated registered agent on whom process may be served at agent’s office, the Statute does not require that the registered agent employ those individuals. Section 48.091(4) was not applicable because the registered agent’s unwillingness or inability to accept service despite her presence in the office did not render her absent under the statute. Registered agent’s uncorroborated denial of service cannot defeat service of process when return of service is regular on its face. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.