HENCILE DORSEY v. KIMBERLEE JO PERRETTA, etc.

• Court: District Court of Appeal of Florida
• Decided: March 22, 2023
• Docket: 22-0028
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 22, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0028 Lower Tribunal No. 21-21312 ________________

Hencile Dorsey, Appellant,

vs.

Kimberlee Jo Perretta, etc., Appellee.

An appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

Hencile Dorsey, in proper person.

Law Office of Vivian T. Figueras, and Vivian T. Figueras, for appellee.

Before SCALES, MILLER, and LOBREE, JJ.

MILLER, J. In this quiet title action, appellant, Hencile Dorsey, challenges a default

final judgment rendered in favor of appellee, Kimberlee Jo Perretta, as

personal representative of the Estate of James Rodney Hicks. On appeal,

Dorsey contends the judgment is void because service of process was

defective. He specifically alleges he was incarcerated in a correctional

facility at the time process was served, yet the return of service reflects

substitute service on his mother at her private residence. See Shurman v.

Atl. Mortg. & Inv. Corp., 795 So. 2d 952, 955 (Fla. 2001) (holding

incarcerated inmate’s “usual place of abode” is correctional facility for

purposes of substitute service under section 48.031, Florida Statutes). The

propriety of service has not yet been litigated below. Accordingly, we affirm

the judgment under review without prejudice to Dorsey pursuing his pending

motion to quash service in the trial court.

Affirmed.