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· 7/16/1985

Gonzalez v. Totalbank

Citations

  • 472 So. 2d 861
  • 10 Fla. L. Weekly 1745
  • 1985 Fla. App. LEXIS 14997

How courts have described this case

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

  • holding that return of service indicating that a Jane Doe was served was defective under section 48.21 and the service was invalid
  • explaining that failure to record the facts set forth in section 48.21, Florida Statues, invalidates the service, unless it is amended
  • suggesting that in addition to deficiencies in a return under section 48.21, the lack of a requirement listed in section 48.031(l)(a) could make a return of service defective on its face
  • holding: “When the return of service is regular on its face, the party challenging the service has the burden of overcoming the presumption of its validity by presenting clear and convincing evidence.”
  • suggesting that in addition to deficiencies in a return under section 48.21, the lack of a requirement listed in section 48.031 could make a return of service defective on its face and invalidate service
  • invalidating substituted service where wife was separated from husband and no longer living at address where service was attempted

Source: CourtListener parenthetical corpus (CC0).

Judges: Hendry, Nesbitt and Baskin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.