Caselaw reflects that evasion of process tends to be used as justification for using alternatives to personal service pursuant to Florida Statutes 48.031. To establish evasion of process and move on to other means of service, a deputy or process server must affirmatively identify that the person to be served is in the residence while they are attempting service. Cullimore v. Barnett Bank of Jacksonville, 386 So. 2d 894 (1DCA).
Hearing noises inside a house is insufficient evidence to establish evasion of service if there is no evidence to show that the process server or deputy knows the person to be served, or another person over the age of fifteen who resides at the residence, is inside. Id. No found cases where evading service was directly linked to establishing proper venue. However, equitable estoppel under Florida Statutes 47.122 has been held to apply to venue decisions. Triad Discount Buying Services, Inc. v. Special Data Processing Corporation, 761 So. 2d 1181 (4DCA). Where one party is ready to file suit and is delayed by deliberate tactics of the opposing party so that the other party may effect service first and establish venue, transfer of venue is proper in the interest of justice. Id.
Hearing noises inside a house is insufficient evidence to establish evasion of service if there is no evidence to show that the process server or deputy knows the person to be served, or another person over the age of fifteen who resides at the residence, is inside. Id. No found cases where evading service was directly linked to establishing proper venue. However, equitable estoppel under Florida Statutes 47.122 has been held to apply to venue decisions. Triad Discount Buying Services, Inc. v. Special Data Processing Corporation, 761 So. 2d 1181 (4DCA). Where one party is ready to file suit and is delayed by deliberate tactics of the opposing party so that the other party may effect service first and establish venue, transfer of venue is proper in the interest of justice. Id.
By Kenny Leigh
