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Contract: Other | Florida Southern
Certificate of Service
CERTIFICATE OF SERVICE by APEX Fiber Communications LLC re 1 Complaint, (Ittleman, Geoffrey)
Order on Motion for Miscellaneous Relief
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Renewed Motion to Serve Defendant, Digitechx Wireless, Inc., a Florida Corporation, Electronically as per Chapter 48.102, Florida Statutes (2023). 10 . Therein, Plaintiff seeks to serve Defendant via its registered agent's e-mail address pursuant to Florida Statute § 48.102. See (ECF No. 10) at 2-3. In support thereof, Plaintiff contends that it retained a private investigation company to locate a valid address for service following the Court's denial of its prior motion for alternate service. See id. at 2; see also (ECF No. 9). The investigation report reflects that Plaintiff "has used all addresses known... to serve [Defendant] and [Defendant's agent] is using addresses that he is no longer using to maintain his driver's license and principal place of residence." See (ECF No. 10) at 2; see also (ECF No. 10-1) at 4. Plaintiff thus contends that Defendant is concealing both its registered agent's whereabouts and the location of its principal place of business. See (ECF No. 10) at 2. Pursuant to the Federal Rules of Civil Procedure, the Court may authorize service on a corporate defendant as permitted by state law. Fed. R. Civ. P. 4(e)(1), h(1)(A). Florida Statute § 48.102 provides: "If, after due diligence, a party seeking to effectuate service is unable to effectuate personal service of process on a domestic or foreign corporation... the court, upon motion and a showing of such inability, may authorize service in any other manner that the party seeking to effectuate service shows will be reasonably effective to give the entity on which service is sought to be effectuated actual notice of the suit. Such other manners of service may include service electronically by e-mail or other technology by any person authorized to serve process in accordance with this chapter, or by an attorney." Here, the Court finds that Plaintiff has demonstrated due diligence in attempting to effectuate service and that service by e-mail is reasonably calculated to provide Defendant with notice of this action. See Ligeri v. Arizona Daily Indep., LLC, No. 8:23-CV-1318-CEH-AEP, 2024 WL 98208, at *3 (M.D. Fla. Jan. 9, 2024) ("[S]ervice by email has been held as a permissible means of alternative service of process." (citations omitted)). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 10 is GRANTED. Plaintiff shall serve Defendant's registered agent by e-mail at wwash@digitechx.com. Signed by Judge K. Michael Moore on 8/7/2026. (ss02)
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