Zadeh v. Aegis Security Insurance Company
The Third DCA reversed a judgment against a defendant who was never properly served, holding that §48.161(1), Fla. Stat. requires a plaintiff using substituted service on the Secretary of State to file an affidavit of compliance — and that Aegis's failure to file the required affidavit rendered service defective and the resulting judgment void.
Key facts
- Plaintiff Zadeh obtained a judgment against defendant Aegis Security Insurance Company in the trial court using substituted service on the Secretary of State under §48.161(1), Fla. Stat.
- Aegis moved to vacate the judgment, asserting that service was defective because Zadeh failed to file the required affidavit of compliance after serving the Secretary of State.
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Why it matters
A straightforward but practically important reminder: substituted service under §48.161(1) is a two-step process — serve the Secretary of State AND file the affidavit of compliance. Skipping the affidavit step is not a… — full analysis with a trial
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