HENCILE DORSEY
v.
KIMBERLEE JO PERRETTA, ETC.
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A default judgment in a quiet title action may be affirmed on appeal even when service of process defects are raised, provided the appellant has a pending motion to quash service available in the trial court.
[1] An incarcerated defendant's usual place of abode for purposes of substitute service under Florida Statutes section 48.031 is the correctional facility where the defendant…
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Join FLexlaw to unlock all legal intelligence“incarcerated inmate's 'usual place of abode' is correctional facility for purposes of substitute service under section 48.031, Florida Statutes”
Court citing Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952, 955 (Fla. 2001) regarding proper service location for incarcerated defendants
Hencile Dorsey was sued by Kimberlee Jo Perretta, personal representative of an estate, in a quiet title action. Dorsey was incarcerated at a correcti…
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Opinion filed March 22, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0028 Lower Tribunal No. 21-21312
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Hencile Dorsey,
Appellant,
vs.
Kimberlee Jo Perretta, etc., Appellee.
An appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Hencile Dorsey, in proper person. Law Office of Vivian T. Figueras, and Vivian T. Figueras, for appellee. Before SCALES, MILLER, and LOBREE, JJ. MILLER, J. In this quiet title action, appellant, Hencile Dorsey, challenges a default final judgment rendered in favor of appellee, Kimberlee Jo Perretta, as personal representative of the Estate of James Rodney Hicks. On appeal, Dorsey contends the judgment is void because service of process was defective. He specifically alleges he was incarcerated in a correctional facility at the time process was served, yet the return of service reflects substitute service on his mother at her private residence. See Shurman v. Atl. Mortg. & Inv. Corp., 795 So. 2d 952, 955 (Fla. 2001) (holding incarcerated inmate’s “usual place of abode” is correctional facility for purposes of substitute service under section 48.031, Florida Statutes). The propriety of service has not yet been litigated below. Accordingly, we affirm the judgment under review without prejudice to Dorsey pursuing his pending motion to quash service in the trial court.
Affirmed.