Stephen Grudenic v. Sundeep Singh

• Court: District Court of Appeal of Florida
• Decided: August 13, 2025
• Docket: 3D2024-2130
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 13, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-2130 Lower Tribunal No. 23-18664-CA-01 ________________

Stephen Grudenic, Appellant,

vs.

Sundeep Singh, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge.

Stephen Grudenic, in proper person.

Weiss Law Group, P.A., and Jason S. Weiss (Coral Springs), for appellee.

Before EMAS, LINDSEY and BOKOR, JJ.

EMAS, J. Stephen Grudenic, the pro se defendant below and on appeal,

challenges the trial court’s order which, following an evidentiary hearing,

denied his motion filed pursuant to Florida Rule of Civil Procedure 1.540(b),

seeking to vacate a default final judgment entered against him in an action

instituted by the plaintiff below, Sundeep Singh.

Grudenic contends that the constructive service of process by

publication was insufficient because Singh (1) filed a facially insufficient

affidavit of diligent search; and (2) failed to conduct a diligent search to

discover Grudenic’s residence address prior to effectuating service by

publication.

Generally, the standard of review of an order granting or denying a

motion to vacate a default judgment is gross abuse of discretion. See

Rodriguez v. Falcones, 314 So. 3d 469, 471 (Fla. 3d DCA 2020) (“An order

granting a motion to vacate a default final judgment is reviewed for a gross

abuse of discretion.”) (citing Chetu, Inc. v. Franklin First Fin., Ltd., 276 So.

3d 39, 41 (Fla. 4th DCA 2019); Lewis v. Fifth Third Mortg. Co., 38 So. 3d 157

(Fla. 3d DCA 2010); Bequer v. Nat'l City Bank, 46 So. 3d 1199, 1201 (Fla.

4th DCA 2010); and LPP Mortg. Ltd. v. Bank of Am., N.A., 826 So. 2d 462,

463-64 (Fla. 3d DCA 2002)).

2 Upon our review, the trial court correctly determined that the affidavit

of diligent search, filed pursuant to section 49.041, Florida Statutes (2023),

was sufficient on its face. The record documents before the trial court also

included returns of non-service, in which the process server certified service

of process was attempted on Grudenic at three different residential

addresses in Miami-Dade County, on seventeen different dates between

July 13 and September 26, 2023. We find no error in the trial court’s

determination that the affidavit of diligent search complied with section

49.041 and was facially sufficient. See generally Demars v. Village of

Sandalwood Lakes Homeowners Ass’n, Inc., 625 So. 2d 1219 (Fla. 4th DCA

1993).

In addition to contesting the facial sufficiency of the affidavit, Grudenic

challenged the adequacy of Singh’s diligent search, contending that Singh

failed to conduct an adequate search to locate an address at which to

personally serve Grudenic. Id. at 1224; see also Green Emerald Homes, LLC

v. Bank of New York Mellon, 204 So. 3d 512, 515 (Fla. 4th DCA 2016)

(“Where constructive service is attempted, the trial court must determine

both whether the affidavit of diligent search filed by the plaintiff is legally

sufficient, and whether the plaintiff conducted an adequate search to locate

the defendant. Giron v. Ugly Mortg., Inc., 935 So. 2d 580, 582 (Fla. 3d DCA

3 2006). Substitute service is unauthorized if personal service could be

obtained through reasonable diligence; the test is ‘whether the complainant

reasonably employed knowledge at his command, made diligent inquiry, and

exerted an honest and conscientious effort appropriate to the circumstances,

to acquire the information necessary to enable him to effect personal service

on the defendant.’” quoting Coastal Cap. Venture, LLC v. Integrity Staffing

Sols., Inc., 153 So. 3d 283, 285 (Fla. 2d DCA 2014) (additional citation

omitted)).

To that end, the trial court conducted an evidentiary hearing and

thereafter entered the instant order on appeal, denying Grudenic’s motion to

vacate the default final judgment. 1

1 Grudenic also appeals that aspect of the trial court’s order which denied Grudenic’s motion for sanctions (including dismissal of the action and monetary relief against plaintiff’s counsel). Singh contends this aspect of the order is nonfinal and nonappealable. However, in this post-decretal context, we conclude we have jurisdiction. See Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (holding: “An interlocutory order entered after judgment, post decretal order, is not to be confused with one entered during the pendency of the proceedings before final judgment. Post decretal orders are not true interlocutory orders, and perhaps the term ‘interlocutory’ is a misnomer. Where an order after judgment is dispositive of any question, it becomes a final post decretal order. To the extent that it completes the judicial labor on that portion of the cause after judgment, it becomes final as to that portion and should be treated as a final judgment. . . .”) (internal citation omitted); Nat'l Equity Recovery Servs., Inc. v. Williams, 962 So. 2d 977, 978 n. 1 (Fla. 3d DCA 2007) (treating petition for writ of certiorari from post-judgment disbursement order as a plenary appeal because it ended judicial labor on that portion of the case after judgment).

4 Significantly, Grudenic has failed to provide a transcript of that

evidentiary hearing. Such failure is fatal to this appeal, as the absence of a

transcript prevents this court from reviewing the trial court’s factual

determinations and assessing whether there is competent substantial

evidence to support the trial court’s ultimate determination that Singh acted

with reasonable diligence attempting to locate an address at which personal

service could be effectuated upon Grudenic. Applegate v. Barnett Bank of

Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“The question raised by

[appellant] clearly involves underlying issues of fact. When there are issues

of fact the appellant necessarily asks the reviewing court to draw conclusions

about the evidence. Without a record of the trial proceedings, the appellate

court cannot properly resolve the underlying factual issues so as to conclude

that the trial court's judgment is not supported by the evidence or by an

alternative theory. Without knowing the factual context, neither can an

appellate court reasonably conclude that the trial judge so misconceived the

law as to require reversal.”); Umana v. Citizens Prop. Insur. Corp., 282 So.

3d 933, 934-35 (Fla. 3d DCA 2019) (holding: “The absence of a hearing

We affirm without additional discussion the trial court’s order denying this “Combined Motion for Sanctions,” which the trial court rendered following the evidentiary hearing at which both of Grudenic’s motions were scheduled to be heard.

5 transcript at which the trial court made this decision prevents any meaningful

review of whether the trial court abused its discretion in this regard”) (citing

Applegate, 377 So. 2d 1150); see also Scognamillo v. Jamison, 389 So. 3d

624, 625 (Fla. 3d DCA 2023) (“In the absence of an adequate transcript on

appeal, a judgment that is not fundamentally erroneous must be affirmed.”).

Affirmed.