WILLIAM TERRY BURGESS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Chi Luu Linville v. Home Sav. OF Am., FSB, 629 So. 2d 295 (Fla. 4th DCA 1993)
  …ppellant’s motion without an evidentiary hearing. This court has previously expressed its view that neither the submission of affidavits nor argument of counsel is sufficient to constitute an evidentiary hearing. Sperdute v. Household Realty Corp., 585 So. 2d 1168, 1169 (Fla. 4th DCA 1991). The unrebutted allegations1 contained in appellant’s motion to quash service of process and the supporting affidavit, if proven by clear and convincing evidence, would establish appellee’s failure to effect valid service o…
• Eyal Avi-Isaac v. Wells Fargo Bank, 59 So. 3d 174 (Fla. 2d DCA 2011)
  …Shlishey the Best, Inc. v. CitiFinancial Equity Servs., Inc., 14 So. 3d 1271, 1275 (Fla. 2d DCA 2009). And “it is reversible error for a trial court to deny a party an evidentiary hearing to which he is entitled.” Sperdute v. Household Realty Corp., 585 So. 2d 1168, 1169 (Fla. 4th DCA 1991) (determining that the trial court erred in not permitting the defendants to testify regarding the subject of notice at the hearing on their motion to vacate a default final judgment of foreclosure). Of course, “[njeither th…
• Fern, Ltd. v. Rd. Legends, Inc., 698 So. 2d 364 (Fla. 4th DCA 1997)
  …FSB, 629 So. 2d 295 (Fla. 4th DCA 1993),we held: This court has previously expressed its view that neither the submission of affidavits nor argument of counsel is sufficient to constitute an evidentiary hearing. Sperdute v. Household Realty Corp., 585 So. 2d 1168, 1169 (Fla. 4th DCA 1991). The un-rebutted allegations contained in appellant’s motion to quash service of process and the supporting affidavit, if proven by clear and convincing evidence, would establish appellee’s failure to effect valid service o…

Authorities Cited

• California v. Hodari D., 499 U.S. 621 (U.S. 1991)