THE KONIVER STERN GROUP, APPELLANT,
v.
RICHARD LAYFIELD, ET AL., APPELLEES
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PER CURIAM.
The plaintiff below appeals from an order vacating default final judgments. The motions to vacate asserted that either there was no service of process and/or that the wrong parties were served. In response, the plaintiff filed the verified returns of service. Following a non-eviden-tiary hearing, the trial court granted the motions to vacate. This appeal followed.
“[A] process server’s return of service on a defendant which is regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So. 2d 818, 818 (Fla. 3d DCA 1996). A simple denial of service does not constitute clear and convincing evidence. Telf Corp., 671 So. 2d at 819. Therefore, we reverse the order vacating default final judgments and remand for an evidentiary hearing.
Reversed and remanded.
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Citator
Cited By
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Beneficial Fla., Inc. v. Washington, 965 So. 2d 1211 (Fla. 5th DCA 2007)…ctual assertions in affidavits filed by the parties concerning the issue of personal jurisdiction could not be reconciled, the trial court was required “to hold a limited evidentiary hearing” to determine the issue); Koniver Stern Group v. Layfield, 811 So. 2d 812 (Fla. 3d DCA 2002) (holding that assertion that there was no service of process and/or that wrong parties were served was disputed by verified returns of service, and, thus, evidentiary hearing on issue of motion to vacate default final judgments wa…
Authorities Cited
- Telf Corp. v. Ivon Gomez, 671 So. 2d 818 (Fla. 3d DCA 1996)