ZOHAR v. ASSET ACCEPTANCE LLC (2022)

District Court of Appeal of Florida, Third District.

Sarit ZOHAR, Appellant, v. ASSET ACCEPTANCE, LLC, Appellee.

No. 3D22-517

Decided: November 02, 2022

Before EMAS, GORDO and BOKOR, JJ.

Alan R. Soven, P.A., and Alan R. Soven, for appellant. Payal Chatani, Colleen E. Lehmann, and Johan A. Green (Tampa), for appellee.

Sarit Zohar appeals the trial court's order which, following an evidentiary hearing, denied Zohar's motion to vacate a default final judgment entered against her in 2008. Finding no gross abuse of discretion by the trial court, we affirm. See Lewis v. Fifth Third Mortg. Co., 38 So. 3d 157, 160 (Fla. 3d DCA 2010) (a trial court's denial of a motion to vacate a default final judgment is reviewed for a gross abuse of discretion); Block v. Tosun, 77 So. 3d 871 (Fla. 4th DCA 2012) (noting that where the court file, including return of service, had been destroyed, the trial court should conduct an evidentiary hearing, weigh the evidence, and resolve the question of fact as to whether the defendant was properly served).

EMAS, J.

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Out of date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