Wednesday, December 21, 2011

ESTELA v. CAVALCANTI - quash service of process

Jose Luis Estela, Appellant,
Roberto Cavalcanti, Appellee.
Case No. 3D11-2208.
District Court of Appeal of Florida, Third District.

Opinion filed December 21, 2011.

Jose Luis Estela ("Estela") appeals a non-final order denying his motion to quash service and to dismiss for lack of jurisdiction. We reverse and remand with directions to quash service of process.

After filing an amended complaint against three named defendants, including Estela, Roberto Cavalcanti ("Cavalcanti") made several failed attempts to personally serve Estela at his last known address in Key Biscayne. In an effort to locate Estela, Cavalcanti ordered a skip trace, which revealed that Estela owned homesteaded property in Miami Beach. Cavalcanti attempted to serve Estela at the Miami Beach address, but his attempts were unsuccessful.

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