SPENCER C. BLANTON
v.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA

Fla. 3d DCA | 2023-09-06
No. 22-1979
Florida District Court of Appeal, Third District (2023)

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Holding

A trial court does not abuse its discretion when ruling on a motion to quash substituted service by accepting conflicting testimony about the served party's actual residence on the date of service.


Headnotes

[1] A trial court does not abuse its discretion when ruling on a motion to quash substituted service by resolving conflicting testimony regarding the served party's actual re…

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Facts & Procedural History

Spencer C. Blanton appealed a circuit court decision in Monroe County regarding a motion to quash substituted service.…

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Opinion of the Court

PER CURIAM.

Affirmed. See § 48.031, Fla. Stat. (2019); Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011) (holding that when ruling on a motion to quash substituted service, the trial court, acting as factfinder, did not abuse its discretion when presented with conflicting testimony as to where served party was “actually living” on the date of service); Williams v. Nuno, 239 So. 3d 153, 155 (Fla. 3d DCA 2018) (“[A] trial court's factual determinations, including credibility determinations, are ordinarily not disturbed on appeal.”).


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