CITY OF HOMESTEAD, APPELLANT,

v.

ROBERT CHESTER AND SOUTHWESTERN SECURITY SYSTEMS, INC., APPELLEES

Citator

Cited By

• Magazine v. Bedoya, 475 So. 2d 1035 (Fla. 3d DCA 1985)
  …ong enough that she may properly be regarded as “a person residing therein” under section 48.-031(1). Compare Sangmeister v. McElnea, 278 So. 2d 675 (Fla. 3d DCA 1973) (four month visit establishes residing therein requirement) with Gamboa v. Jones, 455 So. 2d 613 (Fla. 3d DCA 1984) (ten day visit [*1036] does not meet the requirement of residency).1 Second, there was no evidence that Ms. Oakford was not informed of the contents of the papers served. Consequently, Magazine has failed to show, by clear and co…
• Bennett v. Christiana Bank & Tr. Co., 50 So. 3d 43 (Fla. 3d DCA 2010)
  …nsive pleading. Where no in personam jurisdiction is obtained over a defendant, the defendant is not required to demonstrate a meritorious defense to set aside the default. Ubilla v. L & W Supply, 637 So. 2d 994 (Fla. 3d DCA 1994); Gamboa v. Jones, 455 So. 2d 613 (Fla. 3d DCA 1984). The trial court should not have required Ms. Bennett to demonstrate a meritorious defense to the action once it became clear that the summons and complaint were never properly served. Finally, an examination of the final judgmen…
• Baker v. Stearns Bank, N.A., 84 So. 3d 1122 (Fla. 2d DCA 2012)
  …on residing in the usual place of abode of the person to be served. Couts v. Md. Cas. Co., 306 So. 2d 594 (Fla. 2d DCA 1975) (holding that a stay of a few days is insufficient to qualify that visitor to receive substituted service); Gamboa v. Jones, 455 So. 2d 613 (Fla. 3d DCA 1984) (holding the same for a ten-day visitor). Having had its prima facie showing of regular substituted service rebutted, it was incumbent upon the Bank to provide competing evidence to overcome Mr. Baker’s showing of substituted ser…

Authorities Cited

• Baynard v. Windom, 63 So. 2d 773 (Fla. 1952)