ADVANCED WOUND CARE LLC v. CONTACT MEDICAL SUPPLY LLC (2026)

Advanced Wound Care (plaintiff below) appeals the nonfinal order granting the motion to quash service of process and transfer venue filed by Contact Medical Supply (defendant below). Contact Medical Supply has filed a confession of error, conceding that the trial court erred in granting the motion and requesting reversal. We accept the confession of error and reverse.

Contact Medical Supply appropriately concedes that the trial court's ruling cannot be supported by good faith argument. The trial court quashed Advanced Wound Care's substituted service upon Contact Medical Supply in this action in Hillsborough County and transferred venue to Miami-Dade County where Contact Medical Supply had filed its related action, in which Contact Medical Supply had perfected personal service upon Advanced Wound Care. The trial court's ruling was premised on its finding that Advanced Wound Care had failed to effect substituted service by failing to strictly comply with the mailing requirement of section 48.161(3), Florida Statutes (2025). But the record shows that Advanced Wound Care did not have an address for Contact Medical Supply due to Contact Medical Supply's own evasiveness and gamesmanship. Under these circumstances, the doctrine of equitable estoppel precludes Contact Medical Supply from benefitting from its own deceptive actions. See, e.g., Triad Discount Buying Servs., Inc. v. Special Data Processing Corp., 761 So. 2d 1181, 1182 (Fla. 4th DCA 2000) (applying equitable estoppel where appellee filed suit first only because of its own gamesmanship and deceit). Accordingly, we reverse and remand for this case to proceed in Hillsborough County.

Reversed and remanded with instructions.

KHOUZAM, Judge.

MORRIS and GUARD, JJ., Concur.