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Verabella Falls Condominium, Ass'n, Inc. v. Sosa

Florida Court of Appeal, Third District

January 4, 2012

VERABELLA FALLS CONDOMINIUM, ASSOCIATION, INC., Appellant,
v.
Carlos SOSA, Appellee.

An Appeal from a non final order from the Circuit Court for Miami-Dade County, Beatrice A. Butchko, Judge.

Warren P. Gammill, and Madelin D'Arce, Miami, for appellant.

Andrew C. Demos and Mark A. Stuart, Miramar, for appellee.

Before EMAS, and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed.

EMAS, J., concurring.

I concur in affirming, but write to address one of the arguments made by appellant in this case.

Carlos Sosa, the plaintiff below, filed a civil action and served a copy of the summons and complaint on the registered agent of defendant Verabella Falls Condominium Association, an entity qualified to transact business in the state of Florida. The certified return indicated that service was made upon the receptionist at the registered agent's office. When Verabella Falls failed to respond to the complaint,

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Sosa moved for and obtained a default and default final judgment.

Verabella Falls later filed a motion to vacate the final judgment, pursuant to Florida Rule of Civil Procedure 1.540. That motion was denied and this appeal followed. In its appeal, Verabella Falls argues that the process server was required to follow the corporate hierarchy set forth in section 48.081(1), Florida Statutes (2004), asserting that this subsection applies equally to service on a corporate defendant and its registered agent. This argument is without merit.

Section 48.081, Florida Statutes (2004), provides in pertinent part:

(1) Process against any private corporation, domestic or foreign, may be served:
(a) On the president or vice president, or other head of ...

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