BELL v. REAL ESTATE FLORIDA COMMERCIAL INTERNATIONAL INC (2008)

District Court of Appeal of Florida,Fourth District.

Nelson BELL, Appellant, v. REAL ESTATE FLORIDA COMMERCIAL INTERNATIONAL, INC., f/k/a Real Estate World Florida Commercial, Inc., Appellee.

No. 4D08-827.

Decided: October 29, 2008

Roger G. Stanway, Hollywood, for appellant. Patrick John McGinley of the Law Office of Patrick John McGinley, P.A., Winter Park, for appellee.

Appellant moved to vacate a final judgment on the ground that he was not properly served with process. At the hearing on the motion to set aside the judgment, based on a default, the process server testified that he had served appellant with the papers, despite appellant's attempts to avoid service of process. Appellant admitted he lived at the address where the process server had been attempting to serve him, but testified that he had been out of town when the process server claimed to have served him with the papers at the gate to his driveway. The trial court obviously believed the process server, who identified appellant as the person he served.

Where return of service appears valid on its face, there is a presumption of correctness, Slomowitz v. Walker, 429 So.2d 797 (Fla. 4th DCA 1983), and in this case appellant did not overcome that presumption. We have considered the other issue raised by appellant and find it to be without merit. Affirmed.

PER CURIAM.

POLEN, KLEIN and STEVENSON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network