Seltzer v. Key West Bank, FSB

District Court of Appeal of Florida

Seltzer v. Key West Bank, FSB

34 So. 3d 83, 2010 Fla. App. LEXIS 4751, 2010 WL 1329092

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 2010

Docket3D09-2646

StatusPublished

This text of 34 So. 3d 83 (Seltzer v. Key West Bank, FSB) 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.

Bluebook

Seltzer v. Key West Bank, FSB, 34 So. 3d 83, 2010 Fla. App. LEXIS 4751, 2010 WL 1329092 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

We recently reiterated that “[a] return of service that 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). Additionally, “a defendant may not impeach the validity of the summons with a simple denial of service.” Id. at 819. See also SunTrust Bank v. Elec. Wireless Corp, 23 So.3d 774, 776 (Fla. 3d DCA 2009).

Here, the return of service states that it was effected on Jerry Newton, a tenant/occupant residing with David Seltzer. Seltzer filed an affidavit signed by Jerry Newton, who does not deny that he was a tenant/occupant residing with David Seltzer, but states that his address is 25 Blue Bonnet Lane, Burnsville, North Carolina. A person can reside at one place and have a different mailing address.

We thus conclude that Seltzer failed to present clear and convincing evidence to invalidate the return of service which was regular on its face.

Affirmed.

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