Bank of America, N.A. v. Bornstein

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding service was defective where server delivered documents to bank teller without first determining that a superior officer was unavailable
• holding service was invalid where the service was made on a lower-level employee who advised they were authorized to accept on behalf of the agent, but the process server failed to make any inquiry as to employee's authority to accept service under section 48.081
• holding service was invalid where the service was made on a lower-level employee who advised they were authorized to accept on behalf of the agent, but the process server failed to make any inquiry as to employee's authority to accept service under section 48.081
• stating “clear and convincing evidence” standard for overcoming presumption of valid service
• “Neither the original nor the amended return of service showed the absence of the statutorily prescribed superior classes of persons who could have been served.”
• “Neither the original nor the amended return of service showed the absence of the statutorily prescribed [, pursuant to section 48.081,] superior classes of persons who could have been served.”

Source: CourtListener parenthetical corpus (CC0).