Donald SCHUPAK, Appellant,
v.
SUTTON HILL ASSOCIATES and Jesson, Inc., etc., et al., Appellees.
District Court of Appeal of Florida, Fourth District.
*708 Lorie M. Gleim and Mark F. Bideau of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., West Palm Beach, for Appellant.
Brooks C. Miller of Brooks C. Miller, P.A., Miami, for Appellee Sutton Hill Associates.
OWEN, WILLIAM C., Jr., Senior Judge.
The primary and dispositive issue in this case is the sufficiency of service of process on appellant against whom appellee Sutton Hill Associates (Sutton) had obtained a judgment. Because we find the service of process was improper (and thus the court did not acquire personal jurisdiction over appellant) we reverse the order denying the motions to vacate the judgment and to quash service of process.
Sutton sued appellant in the capacity of last director and trustee of Jesson, Inc., a dissolved corporation. Service of process on appellant was attempted pursuant to section 48.031(1), Florida Statutes (1993), which provided: "service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint ... or by leaving the copies at his usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." The process server went to appellant's apartment building in New York City and asked the doorman to call the appellant's residence; the doorman did so and spoke to the maid (whom the process server thought resided in the apartment); the maid supposedly, in response, told the doorman that the process server was not permitted to come up to the apartment. The process server then left the summons and complaint with the doorman. Appellant, who testified that the maid did not reside in the apartment and that he did not receive the summons and complaint, never served a responsive pleading. In due course a clerk's default, and later a final judgment thereon, was entered against appellant, albeit in his individual capacity. Still later appellant served his motions to vacate the judgment and to quash the service of process on him. This appeal is from the order denying those motions.
Strict compliance with the statutes governing service of process is required. See, e.g., Sierra Holding, Inc. v. Inn Keepers Supply Co.,
In the instant case, there is no dispute that appellant was not personally served with the summons and complaint, nor was the summons and complaint left at his usual place of abode with any person residing therein who was 15 years of age or older and informing the person of their contents. Instead, the papers were left with an employee of the building in which appellant has an apartment. When, as here, there is no evidence that someone inside the house qualifies as a recipient under section 48.031(1), leaving process at the door is insufficient service, see Henzel v. Noel,
Sutton cites Dowd Shipping, Inc. v. Lee,
Sutton, which had the burden to sustain the validity of service of process, see Carlini v. State Dep't of Legal Affairs,
Our decision relates solely to the process sought to be served on appellant on November 16, 1993, as described above, and the default and final judgment entered against appellant as a result of his failure to respond to that process. Whether appellant is subject to the court's jurisdiction as a trustee of the dissolved corporation by virtue of uncontested service of process on Barry Florescue, another last known director and trustee of Jesson, Inc., and (assuming he is) whether Mr. Florescue's timely responsive pleading as such trustee would suffice as appellant's responsive pleading, or whether it was proper for Sutton to amend its complaint without having served such amended complaint on appellant, are issues which we need not and do not decide.
REVERSED.
STONE, C.J., and POLEN, J., concur.
