Gonzalez v. Totalbank

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).

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

• Shurman v. Atlantic Mortg. & Inv. Corp.
  Supreme Court of Florida· 2001-09-06· cited 69×
• Re-Employment Services, Ltd. v. NLAC
  District Court of Appeal of Florida· 2007-11-16· cited 48×
• Robles-Martinez v. Diaz, Reus & Targ, LLP
  District Court of Appeal of Florida· 2011-08-17· cited 34×
• Lance Koster v. Carol Sullivan
  Supreme Court of Florida· 2015-02-05· cited 31×
• Haueter-Herranz v. Romero
  District Court of Appeal of Florida· 2008-01-18· cited 12×
• Thompson v. STATE, DEPT. OF REVENUE
  District Court of Appeal of Florida· 2004-03-05· cited 9×
• Koster v. Sullivan
  District Court of Appeal of Florida· 2012-10-10· cited 9×
• Laney v. Laney
  District Court of Appeal of Florida· 1986-04-04· cited 8×
• Vives v. Wells Fargo Bank, N.A.
  District Court of Appeal of Florida· 2012-06-27· cited 8×
• Milanes v. Colonial Penn Ins. Co.
  District Court of Appeal of Florida· 1987-05-26· cited 6×
• Cordova v. Jolcover
  District Court of Appeal of Florida· 2006-12-08· cited 6×
• Johnston v. Halliday
  District Court of Appeal of Florida· 1987-12-08· cited 5×
• Pina v. Simon-Pina
  District Court of Appeal of Florida· 1989-06-15· cited 5×
• SH v. Department of Children and Families
  District Court of Appeal of Florida· 2003-02-19· cited 4×
• Frank Romeo and Connie Yang v. US Bank National Association
  District Court of Appeal of Florida· 2014-07-30· cited 4×
• Murphy v. Cach, LLC
  District Court of Appeal of Florida· 2017-11-09· cited 4×
• Corneal v. O'Brien
  District Court of Appeal of Florida· 1998-03-11· cited 4×
• Kennedy v. Alberto
  District Court of Appeal of Florida· 1995-01-18· cited 3×
• Department of Revenue v. Wright
  District Court of Appeal of Florida· 2002-03-15· cited 3×
• Cam-La, Inc. v. Fixel
  District Court of Appeal of Florida· 1994-02-15· cited 3×

Cites

11 cases in this archive are cited by this case.

• DeClaire v. Yohanan
  Supreme Court of Florida· 1984-06-07· cited 121×
• Slomowitz v. Walker
  District Court of Appeal of Florida· 1983-04-13· cited 105×
• Klosenski v. Flaherty
  Supreme Court of Florida· 1959-12-02· cited 48×
• Winky's, Inc. v. Francis
  District Court of Appeal of Florida· 1969-12-30· cited 25×
• George Fischer Ltd. v. Plastiline, Inc.
  District Court of Appeal of Florida· 1980-02-06· cited 17×
• Herskowitz v. Schwarz & Schiffrin
  District Court of Appeal of Florida· 1982-04-06· cited 11×
• Broyles v. Califano
  E.D. Tennessee· 1980-06-02· cited 7×
• Petty v. Field
  Appellate Division of the Supreme Court of New York· 1983-10-31· cited 5×
• Colonial Press of Miami, Inc. v. Sanders
  District Court of Appeal of Florida· 1972-06-27· cited 5×
• NRK Management Corp. v. Donahue
  Civil Court of the City of New York· 1981-06-22· cited 2×
• Tamayo v. Caballero
  District Court of Appeal of Florida· 1982-03-30· cited 2×