JOSE AGUSTIN RODRIGUEZ
v.
5333 COLLINS ACQUISITIONS, LP
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When a return of service is regular on its face and the appellant fails to present clear and convincing evidence that service was not validly executed, the lower court's decision is affirmed.
[1] A return of service that is regular on its face creates a presumption of valid service, which may be overcome only by clear and convincing evidence that service was not v…
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Join FLexlaw to unlock all legal intelligenceRodriguez challenged the validity of service in an action against 5333 Collins Acquisitions, LP. The return of service was regular on its face.…
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GORDO, J.
Affirmed. Coutts v. Sabadell United Bank, N.A., 199 So. 3d 1099, 1100 (Fla. 3d DCA 2016) (“This argument [as to an evidentiary hearing] is without merit, as [Appellant]’s coverage counsel affirmatively advised the court that no evidentiary hearing was necessary and that the issue could be decided as a matter of law.”); Morales L. Grp., P.A. v. Rodman, 305 So. 3d 759, 761 (Fla. 3d DCA 2020) (finding Appellants did not submit any evidence “to the level of clear and convincing evidence that service was not validly executed”); Sadlak v. Nationstar Mortg., LLC, 252 So. 3d 302, 304 (Fla. 3d DCA 2018) (“The return was regular on its face, and [Appellant] did not present clear and convincing evidence that she was not served.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Morales LAW Grp., P.A. v. Tres Rodman, 305 So. 3d 759 (Fla. 3d DCA 2020)
- Coutts v. Sabadell United Bank, N.A., 199 So. 3d 1099 (Fla. 3d DCA 2016)
- Sadlak v. Nationstar Mortg., 252 So. 3d 302 (Fla. 3d DCA 2018)