JOSE STERN, APPELLANT,
v.
AMNON GAD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JUAN FRANCISCO VARGAS, APPELLEE
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PER CURIAM.
The appellee attempted personal service on the appellant by serving the appellant’s wife at a Miami Beach condominium owned by the appellant, pursuant to Section 48.-031(1), Florida Statutes (1985).
We hold that mere ownership of a condominium and service upon the wife of an owner will not suffice to establish “usual place of abode,” when the defendant submitted an affidavit that he was not in the jurisdiction on the date of purported service, and that in fact he does not reside in the United States. We recognize that residence and “usual place of abode” are two different terms. State v. Heffeman, 142 Fla. 496, 195 So. 145 (1940); Aravjo v. Ramirez-Limon, 490 So. 2d 1049 (Fla. 3d DCA 1986); Panter v. Werbel-Roth Securities, Inc., 406 So. 2d 1267 (Fla. 4th DCA 1981).
We merely hold that the record in this case will not support a finding that the appellant/defendant was served at a “usual place of abode” in this county and remand the matter to the trial court for further proceedings which may include an attempt by the appellee to show by affidavit proof that the place wherein the defendant was served by service on appellant’s wife was in fact his “usual place of abode.”
Reversed and remanded with directions.
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Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952 (Fla. 2001)…ill and marriage license, established defendant was not living at that address on the date of service); Milanes, 507 So. 2d at 778 (noting that service of process on the residence of defendant’s ex-wife did not satisfy section 48.031); Stern v. Gad, 505 So. 2d 531, 532 (Fla. 3d DCA 1987) (holding mere ownership of a condominium and service upon the wife of an owner will not suffice to establish “usual place of abode,” when defendant submitted affidavit that he was not in the jurisdiction on the date of purpor…
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Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011)…than one residence, he must be served at the residence in which he is actually living at the time of service.” Torres v. Arnco Constr., Inc., 867 So. 2d 583, 586 (Fla. 5th DCA 2004) (quoting State ex rel. Merritt, 195 So. at 147); see Stern v. Gad, 505 So. 2d 531, 532 (Fla. 3d DCA 1987). The “burden of proof to sustain the validity of service of process is upon the person who seeks to invoke the jurisdiction of the court,” i.e., the plaintiff, not the defendant. Thompson, 867 So. 2d at 605 (citing M.J.W. v.…
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Torres v. Arnco Constr., Inc., 867 So. 2d 583 (Fla. 5th DCA 2004)…ases where the defendant was not actually living at the place where service was made, even though process might have been delivered to a relative. See, e.g., Alvarez v. State Farm Mut. Auto. Ins. Co., 635 So. 2d 131 (Fla. 3d DCA 1994); Stern v. Gad, 505 So. 2d 531 (Fla. 3d DCA 1987). Our standard of review of an order ruling on a motion to vacate a default judgment is whether there has been a gross abuse of discretion by the trial court. See North Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla.1962).1 We m…
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- State ex rel. King Merritt v. The Honorable David J. Heffernan, 142 Fla. 496 (Fla. 1940)
- Mann v. State, 406 So. 2d 1267 (Fla. 4th DCA 1981)
- Araujo v. Leopoldo Ramirez-Limon, 490 So. 2d 1049 (Fla. 3d DCA 1986)