MAURICE VAUGHN GRAY
v.
FIFTH THIRD BANK NATIONAL ASSOCIATION
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A default judgment must be reversed when a defendant receives no notice due to defective service, as this violates procedural due process.
[1] When a summons is returned unexecuted or improperly executed, the party causing its issuance is entitled to additional process to effect service on the unserved defendant…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[P]rocedural due process requires both fair notice and a real opportunity to be heard before judgment is entered. Where a party receives no notice, it has been deprived of due process and the underlying order must be reversed.”
Court citing Brooks v. Walker-Brooks, 119 So. 3d 552, 553 (Fla. 1st DCA 2013)
Gray was sued by Fifth Third Bank. The summons was returned unexecuted with a note that Gray did not live at the address listed, and the Bank made no …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-2296 Lower Tribunal No. 2022-CC-012884-O _____________________________
MAURICE VAUGHN GRAY, Appellant, v. FIFTH THIRD BANK NATIONAL ASSOCIATION, Appellee. _____________________________
Appeal from the County Court for Orange County. Andrew L. Cameron, Judge.
August 8, 2025
ON CONFESSION OF ERROR
PER CURIAM.
Maurice Vaughn Gray appeals the default judgment entered against him and in favor of Fifth Third Bank National Association (“the Bank”), arguing the Bank never served him in this case. He claims he received no notice of the proceedings against him, which constitutes a violation of his due process rights. The record shows the summons was returned to the trial court, along with a note stating Gray did not
2
live at the address listed on the return of service. The Bank made no further attempts to serve Gray. The Bank now concedes service was defective and asks that we remand this case for further proceedings. See Fla. R. Civ. P. 1.070(b) (2022) (“When any process is returned not executed or returned improperly executed for any defendant, the party causing its issuance shall be entitled to such additional process against the unserved party as is required to effect service.”); Brooks v. Walker-Brooks, 119 So. 3d 552, 553 (Fla. 1st DCA 2013) (“[P]rocedural due process requires both fair notice and a real opportunity to be heard before judgment is entered. Where a party receives no notice, it has been deprived of due process and the underlying order must be reversed.” (internal citations omitted)). Accordingly, we reverse the Default Final Judgment and remand this case for further proceedings.
REVERSED and REMANDED. WHITE, MIZE and BROWNLEE, JJ., concur.
Maurice Vaughn Gray, Orlando, pro se.
J.L. Perez and Anson A. Adams, of Brock & Scott, PLLC, Winston-Salem, North Carolina, for Appellee.