Koniver Stern Group v. Layfield

District Court of Appeal of Florida

Koniver Stern Group v. Layfield

811 So. 2d 812, 2002 Fla. App. LEXIS 3552, 2002 WL 426911

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 2002

DocketNo. 3D00-3054

StatusPublished

Cited by1 cases

This text of 811 So. 2d 812 (Koniver Stern Group v. Layfield) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Koniver Stern Group v. Layfield, 811 So. 2d 812, 2002 Fla. App. LEXIS 3552, 2002 WL 426911 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

The plaintiff below appeals from an order vacating default final judgments. The motions to vacate asserted that either there was no service of process and/or that the wrong parties were served. In response, the plaintiff filed the verified returns of service. Following a non-eviden-tiary hearing, the trial court granted the motions to vacate. This appeal followed.

“[A] process server’s return of service on a defendant which is regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818, 818 (Fla. 3d DCA 1996). A simple denial of service does not constitute clear and convincing evidence. Telf Corp., 671 So.2d at 819. Therefore, we reverse the order vacating default final judgments and remand for an evidentiary hearing.

Reversed and remanded.

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PER CURIAM.

The plaintiff below appeals from an order vacating default final judgments. The motions to vacate asserted that either there was no service of process and/or that the wrong parties were served. In response, the plaintiff filed the verified returns of service. Following a non-eviden-tiary hearing, the trial court granted the motions to vacate. This appeal followed.

“[A] process server’s return of service on a defendant which is regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818, 818 (Fla. 3d DCA 1996). A simple denial of service does not constitute clear and convincing evidence. Telf Corp., 671 So.2d at 819. Therefore, we reverse the order vacating default final judgments and remand for an evidentiary hearing.

Reversed and remanded.

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811 So. 2d 812, 2002 Fla. App. LEXIS 3552, 2002 WL 426911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koniver-stern-group-v-layfield-fladistctapp-2002.

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