Jennings v. Montenegro

Jeffrey and Kathy Jennings timely appeal after the trial court denied their motions to quash Santiago and Flor Stella Montenegro's attempted service of process for failure to comply with section 48.161, Florida Statutes (1999), and for failure to effect timely service of process under Florida Rule of Civil Procedure 1.070(j). We reverse in part and dismiss in part. In January, 1998, the Montenegros sued the Jennings for damages stemming from an automobile accident between them. The summons was issued to the Jennings at their last known address in West Palm Beach. The process server was told that the Jennings had not lived there for the last eighteen months. On their motion, the Montenegros were then given an additional 120 days so that they could again try to effect service on Jennings at the correct address. Within this additional time, the Montenegros served alias summonses on the Jennings by serving the Secretary of State.