CELLFUS ENTERPRISES INC v. PEREZ (2020)

District Court of Appeal of Florida, Third District.

CELLFUS ENTERPRISES, INC., Appellant, v. Jose PEREZ, Appellee.

No. 3D19-599

Decided: January 29, 2020

Before EMAS, C.J., and SCALES and LOBREE, JJ.

Neil Rose (Hollywood), for appellant. Obront Corey, PLLC, and Michael James Corey, for appellee.

Cellfus Enterprises, Inc. (“Cellfus”) appeals an order denying its verified motion to quash service of process and to vacate a clerk's default and the ensuing default final judgment. Upon our de novo review, SunTrust Bank v. Electric Wireless Corp., 23 So. 3d 774 (Fla. 3d DCA 2009), we reverse and remand.

The undisputed facts in this case establish that the plaintiff below, Jose Perez, failed to strictly comply with section 48.081, Florida Statutes (2016), governing service of process on a domestic corporation, and accordingly, the trial court lacked personal jurisdiction over Cellfus, and erred in denying the motion to vacate. See Kelly v. HSBC Bank USA, N.A., 240 So. 3d 107 (Fla. 3d DCA 2018); Alvarado v. Cisneros, 919 So. 2d 585 (Fla. 3d DCA 2006); York Commc'ns, Inc. v. Furst Grp., Inc., 724 So. 2d 678 (Fla. 4th DCA 1999).

We reverse and remand with instructions for the trial court to vacate the default and default final judgment; to quash service of process on Cellfus; and for further proceedings consistent with this opinion.

PER CURIAM.

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Out of date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