KMG Properties, LLC v. Owl Construction, LLC
KMG served Owl, an LLC, by leaving process with a non-employee receptionist at the registered agent's office who represented she was authorized to accept service; the trial court vacated the resulting default judgment as void for defective service. The Second District reversed, holding that section 48.091(3) permits service on individuals who are representatives of the registered agent (no employment relationship required), that the return of service need not use the label 'substitute service' to be regular on its face, and that the registered agent's uncorroborated, equivocal denial of service did not amount to clear and convincing evidence rebutting the presumption of valid service.
Key facts
- KMG Properties, LLC served Owl Construction, LLC, a limited liability company, by leaving process with a non-employee receptionist at the registered agent's office who represented she was authorized to accept service.
- The trial court vacated the resulting default judgment as void for defective service, finding the service invalid.
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Why it matters
This is one of the first appellate decisions interpreting Florida's 2023 overhaul of Chapter 48 service-of-process statutes, and it gives plaintiffs meaningful latitude: service on a receptionist or other… — full analysis with a trial
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