THE ESTATE OF RUTH TORRES,
v.
U.S. BANK, N.A., ETC.,
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Evidence consisting of the personal representative's self-serving denial of service and a neighbor's vague account of an unknown person at the property is insufficient as a matter of law to invalidate a facially valid return of service.
[1] Where a defendant's evidence challenging service of process consists of self-serving denials and vague third-party accounts insufficient to impeach a facially valid retur…
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“[W]here the allegations of the motion to quash service of process, if true, would entitle the movant to relief.”
Statement of the general rule that a party contesting service of process is ordinarily entitled to an evidentiary hearing, citing Talton v. CU Members Mortg.
The Estate of Ruth Torres was sued in foreclosure by U.S. Bank, N.A. The personal representative claimed she did not see or speak to the process serve…
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Third District Court of Appeal State of Florida
Opinion filed May 25, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-1334 Lower Tribunal No. 10-35457 ________________
The Estate of Ruth Torres, Appellant,
vs. U.S. Bank, N.A., etc., Appellee.
An appeal from a non-final order from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.
Troy Nader (Flushing, NY), for appellant.
McGuireWoods LLP, and Sara F. Holladay, and Emily Y. Rottmann, and Kathleen D. Kilbride (Jacksonville), for appellee.
Before FERNANDEZ, C.J., and EMAS, and MILLER, JJ.
MILLER, J.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Slomowitz v. E.O. Walker and Geneva Walker, 429 So. 2d 797 (Fla. 4th DCA 1983)
- Telf Corp. v. Ivon Gomez, 671 So. 2d 818 (Fla. 3d DCA 1996)
- Fla. Nat'l Bank v. Leyda Halphen, 641 So. 2d 495 (Fla. 3d DCA 1994)
- NEW Port Largo, Inc. v. Mary Anne Munz and substitute trustee, 498 So. 2d 450 (Fla. 3d DCA 1986)