CELLFUS ENTERPRISES, INC.,
v.
JOSE PEREZ,
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PER CURIAM.
Cellfus Enterprises, Inc. (“Cellfus”) appeals an order denying its verified motion to quash service of process and to vacate a clerk’s default and the ensuing default final judgment. Upon our de novo review, SunTrust Bank v. Electric Wireless Corp., 23 So. 3d 774 (Fla. 3d DCA 2009), we reverse and remand.
The undisputed facts in this case establish that the plaintiff below, Jose Perez, failed to strictly comply with section 48.081, Florida Statutes (2016), governing service of process on a domestic corporation, and accordingly, the trial court lacked personal jurisdiction over Cellfus, and erred in denying the motion to vacate. See Kelly v. HSBC Bank USA, N.A., 240 So. 3d 107 (Fla. 3d DCA 2018); Alvarado v. Cisneros, 919 So. 2d 585 (Fla. 3d DCA 2006); York Commc’ns, Inc. v. Furst Grp., Inc., 724 So. 2d 678 (Fla. 4th DCA 1999). We reverse and remand with instructions for the trial court to vacate the default and default final judgment; to quash service of process on Cellfus; and for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alvarado v. Mirta Cisneros and Mario Cruz, 919 So. 2d 585 (Fla. 3d DCA 2006)
- Saunders v. State, 724 So. 2d 678 (Fla. 4th DCA 1999)
- Kelly v. HSBC Bank USA, 240 So. 3d 107 (Fla. 3d DCA 2018)
- Suntrust Bank v. Elec. Wireless Corp. & Fabian Pesantes, 23 So. 3d 774 (Fla. 3d DCA 2009)