PAULA ANDREA CARMONA
v.
VQ EVERGLADES HOMES LLC
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A tenant appealed a default eviction judgment, arguing she was never properly served with the complaint. The appellate court reversed and remanded because the tenant's unrebutted allegations, if proven, would establish invalid service of process, entitling her to an evidentiary hearing.
The tenant is entitled to an evidentiary hearing. When unrebutted allegations in a verified motion to vacate, if proven by clear and convincing evidence, would establish invalid service of process, the trial court must hold an evidentiary hearing before denying the motion to vacate.
[1] A tenant is entitled to an evidentiary hearing on a motion to vacate a default judgment of eviction when the tenant alleges, with supporting evidence, that service of pro…
[2] Allegations of improper service of process, if proven by clear and convincing evidence, can establish a failure to effectuate valid service of process.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because her unrebutted allegations, if proven by clear and convincing evidence, would establish that VQ Everglades failed to effectuate valid service of process, Carmona established, at a minimum, entitlement to an evidentiary hearing.”
Establishes the standard for when a tenant is entitled to an evidentiary hearing on service of process defects in an eviction case.
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Join FLexlaw to unlock all legal intelligencePaula Andrea Carmona, a tenant, was served with an eviction complaint at an address different from the one listed in the complaint and final judgment.…
The full statement of facts, procedural history, and disposition for this case are member content.
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MILLER, J.
In this residential eviction case, appellant, Paula Andrea Carmona, the tenant, appeals from an order denying her motion to vacate a default final judgment of eviction rendered in favor of appellee, VQ Everglades Homes LLC, the landlord. In her verified motion, Carmona contended she was never served with the complaint and corroborated her allegations by appending a copy of the return of service reflecting she was served at an address other than that set forth in the complaint and final judgment. Because her unrebutted allegations, if proven by clear and convincing evidence, would establish that VQ Everglades failed to effectuate valid service of process, Carmona established, at a minimum, entitlement to an evidentiary hearing.
Accordingly, we are constrained to reverse and remand for further proceedings.
See Oshana v. Lopiano, 314 So. 3d 311, 312 (Fla. 3d DCA 2020) (finding trial court was required to hold evidentiary hearing on issues relating to service of process prior to rendering findings and denying motion to vacate final judgment); see also Travelers Ins. Co. v. Davis, 371 So. 2d 702, 703 (Fla. 3d DCA 1979) (reversing order quashing service of process and requiring evidentiary hearing to first determine validity of service of process); Linville v. Home Sav. of Am., FSB, 629 So. 2d 295, 296 (Fla. 4th DCA 1993) (concluding appellant was entitled to evidentiary hearing on motion to quash because allegations contained within motion would establish failure to effect valid service of process, as required by section 48.031, Florida Statutes).
Reversed and remanded.
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