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![]() 4th DCA 1983) (holding that where defendant admits to having notice of lawsuit, and has not by clear and convincing evidence demonstrated the invalidity of the service, the service will stand as effective) Travelers Ins. Professional Mediquip of Fla., Inc., 436 So. Holzstich nach einem Gemälde von Adolph Treidler (1846–1905), erschienen in: Zeitschrift für bildende Kunst 9 (1874).Ī defendant challenging service of process must prove invalidity of the service by clear and convincing evidence, and failure to do so will have the service of process stand as effective. 4th DCA 1969).Įlisabeth, Kurfürstin von Brandenburg, nimmt heimlich das heilige Abendmahl in beiderlei Gestalt. Where there is sufficient evidence from which it might be reasonably found that service of summons was sufficient, the Court may deny a motion to vacate service of process, notwithstanding that the return of service has technical variances or does not address every aspect of proper service. 3d DCA 1985) (affirming order denying motion to vacate where defendant failed to show by clear and convincing evidence that service was defective) Buttigieg v. ![]() 2d DCA 1967) (holding substantial compliance with service statute was sufficient to defeat motion to quash, despite inability to file return receipt).Ī process server’s affidavit alone is sufficient to support a finding of valid service, and creates a presumption of effective service of process. 3d DCA 1973) (four-month visit establishes residing therein requirement).Ī plaintiff need only substantially comply with service statutes to acquire personal jurisdiction and overcome a motion to quash service or vacate an order on service of process. 3d DCA 1985) (affirming order denying motion to vacate where defendant failed to show by clear and convincing evidence that service was defective) Sangmeister v. 2001).Ī six-week stay at a location is long enough to be properly regarded as a defendant’s residence, and make the recipient “a person residing therein” under Florida Statutes § 48.031(1). Under Florida Statutes § 48.031(1)(a), the term “usual place of abode” means the place where the defendant is actually living at the time of service. ![]() If you have questions on service of process, motions to quash service, or motions to vacate default or default judgment, please contact Bernhard Law Firm at 78, Please keep reading below: The Basic Legal Standard for Service of Process in Floridaįlorida Statutes § 48.031(1) provides that service of process can be made by leaving copies of summons at a defendant’s usual place of abode with any person residing therein who is 15 years of age or older. This article looks at when even imperfect service should be good enough in Florida. Then the defendant appears, alleging that the original service was no good and asking the Court to start the lawsuit over from the beginning. ![]() Substantial time elapses, sometimes over a year. The Clerk of Courts or judge enters a default, and eventually a default judgment. A plaintiff files a lawsuit, serves the summons at an apparently good address and recipient, but the defendant never makes an appearance in the lawsuit. The late defaulted defendant can create significant frustration for a plaintiff and the Court.
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