PanAmerica Trade, Inc. v. Food Service Gaskets, LLC, et al.

Summary

The United States District Court for the Middle District of Florida denied without prejudice Plaintiff PanAmerica Trade, Inc.’s motion for clerk’s default against Baliwag LLC. The court held that although Plaintiff demonstrated due diligence sufficient to invoke Florida’s substituted-service provisions, the motion did not establish strict compliance with the statutory notice requirements for service through the Florida Secretary of State. The court granted Plaintiff one final opportunity to perfect service or seek renewed relief by February 25, 2026.

Holdings

1. Substituted service under section 48.062(4) was authorized because Plaintiff exercised appropriate due diligence, could not complete service under section 48.062(2), and Boys was both the only person listed publicly on Baliwag's latest annual report and the registered agent on whom service had been attempted.
2. Plaintiff did not establish proper substituted service because the Motion and related papers did not demonstrate strict compliance with the notice and affidavit requirements of Florida Statutes section 48.161(3)–(4).
3. The motion for clerk's default was denied without prejudice because Plaintiff had not demonstrated that service on Baliwag was properly perfected.

Questions Presented

1. Whether Plaintiff established the due diligence and statutory prerequisites for substituted service on Baliwag LLC through the Florida Secretary of State.
2. Whether Plaintiff strictly complied with the notice, proof-of-service, and affidavit requirements of Florida Statutes section 48.161(3)–(4) so that service on Baliwag was properly perfected.
3. Whether clerk's default should be entered against Baliwag LLC.

Disposition

dismissed