RODRIGUEZ v. 5333 COLLINS ACQUISITIONS LP (2022)

District Court of Appeal of Florida, Third District.

Jose Agustin RODRIGUEZ, et al., Appellants, v. 5333 COLLINS ACQUISITIONS, LP, Appellee.

No. 3D21-2246

Decided: June 08, 2022

Before FERNANDEZ, C.J., and LOGUE and GORDO, JJ.

Law Office of N. Fraser Schuh, and N. Fraser Schuh (Hallandale Beach), for appellants. Shubin & Bass, P.A., and John K. Shubin, Juan J. Farach, Jamie L. Katz and Katherine R. Maxwell, for appellee.

Affirmed. Coutts v. Sabadell United Bank, N.A., 199 So. 3d 1099, 1100 (Fla. 3d DCA 2016) (“This argument [as to an evidentiary hearing] is without merit, as [Appellant]’s coverage counsel affirmatively advised the court that no evidentiary hearing was necessary and that the issue could be decided as a matter of law.”); Morales L. Grp., P.A. v. Rodman, 305 So. 3d 759, 761 (Fla. 3d DCA 2020) (finding Appellants did not submit any evidence “to the level of clear and convincing evidence that service was not validly executed”); Sadlak v. Nationstar Mortg., LLC, 252 So. 3d 302, 304 (Fla. 3d DCA 2018) (“The return was regular on its face, and [Appellant] did not present clear and convincing evidence that she was not served.”).

GORDO, J.

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