ALFREDO CURI AND NORMA CURI, APPELLANTS,
v.
GEORGINA CORDOVA, APPELLEE

Fla. 3d DCA | 1982-03-30
No. 81-1994
Before HENDRY, DANIEL S. PEARSON, and JORGENSON, JJ.
413 So. 2d 78 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Circle Finance Company v. Peacock, 399 So. 2d 81 (Fla. 1st DCA 1981); Hiestand v. Geier, 396 So. 2d 744 (Fla. 3d DCA 1981); Willard Homes, Inc. v. Sanders, 127 So. 2d 696 (Fla. 2d DCA 1961).


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Cited By

  • Gonzalez v. Totalbank, 472 So. 2d 861 (Fla. 3d DCA 1985)
    …d the service was invalid. In fact, the service here parallels that in Herskowitz where this court found non-compliance with section 48.031 and, in effect, reversed an order denying a motion to quash service of process. See also Tamayo v. Caballero, 413 So. 2d 78 (Fla. 3d DCA 1982). The presumption which Totalbank attempts to rely on arises only when the return of service is regular. Klosenski v. Flaherty, 116 So. 2d 767, 769 (Fla.1959). Where, as here, the return is defective on its face, it cannot be reli…
  • Smatt v. Wehnes, 413 So. 2d 103 (Fla. 3d DCA 1982)
    …the undisputed evidence before the trial court, we hold there was no effective service within the meaning of Section 48.-031, Florida Statutes (1979). The trial court erred in not granting the motion to quash service of process. Tamayo v. Caballero, 413 So. 2d 78 (Fla.3d DCA 1982); Hauser v. Schiff, 341 So. 2d 531 (Fla.3d DCA 1977). Accordingly, the order under review is reversed and this cause is remanded with directions to the trial court to enter an order quashing service of process. Reversed and rema…

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