InClaim, LLC v. Structural Wrap, LLC

Summary

The Florida Third District Court of Appeal affirmed an order vacating a default final judgment against Structural Wrap, LLC. The court held that InClaim, LLC failed to exercise due diligence before using substitute service on the Secretary of State because it did not attempt service at an address and on managers identified in the parties’ contract. The resulting defective service rendered the default judgment void.

Holdings

1. Before serving a Florida limited liability company through substitute service on the Secretary of State, a plaintiff must strictly comply with the statutory service procedures and exercise due diligence to attempt personal service on the registered agent or an appropriate person publicly listed by the LLC.
2. Because InClaim did not properly effectuate service of process, the resulting default final judgment was void and had to be vacated.

Questions Presented

1. Whether InClaim exercised the due diligence required before using substitute service on the Secretary of State to serve Structural Wrap, a Florida limited liability company.
2. Whether the failure to properly effectuate service rendered the default final judgment void and required the trial court to vacate it.

Disposition

affirmed