context: Courts may dispense with the filing of a postal receipt if a substituted service statute is invoked on the ground that the defendant is evading service. Chapman, 750 So.2d at 143. This does not mean Warner need not bother with certified mail to Wise's address; rather, "[t]he failure to comply with the statutory requirements has been excused when the record shows that the party to be served is deliberately refusing to accept delivery."
citation_a.signal: no signal
citation_a.parenthetical: reversing where the trial court denied the motion to quash service though defendant had actual notice based on regular mail
citation_a.sentence: Woodworth v. Smith, 773 So.2d 1170 (Fla. 2d DCA 2000) (reversing where the trial court denied the motion to quash service though defendant had actual notice based on regular mail); see also Jennings v. Montenegro, 792 So.2d 1258 (Fla. 4th DCA 2001) (stating that “the failure of delivery of service must be attributable to the defendant”); Wyatt, 649 So.2d at 907 (holding that the court cannot conclude that failure of service resulted from defendant’s rejection of delivery where letters sent to defendant were returned stating “UNCLAIMED” and “NOT AT THIS ADDRESS”).
citation_b.signal: see also
citation_b.parenthetical: stating that "the failure of delivery of service must be attributable to the defendant"
citation_b.sentence: Woodworth v. Smith, 773 So.2d 1170 (Fla. 2d DCA 2000) (reversing where the trial court denied the motion to quash service though defendant had actual notice based on regular mail); see also Jennings v. Montenegro, 792 So.2d 1258 (Fla. 4th DCA 2001) (stating that “the failure of delivery of service must be attributable to the defendant”); Wyatt, 649 So.2d at 907 (holding that the court cannot conclude that failure of service resulted from defendant’s rejection of delivery where letters sent to defendant were returned stating “UNCLAIMED” and “NOT AT THIS ADDRESS”).