METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,

v.

UNITED STATES FIDELITY AND GUARANTY CO., APPELLEE

Citator

Cited By

• Liberty Mut. Ins. Co. v. Lyons, 622 So. 2d 621 (Fla. 5th DCA 1993)
  …he mail is insufficient, standing alone, to rebut a presumption created by a certificate of service. On the other hand, the denial of receipt does create a question of fact which indicates an eviden-tiary hearing was necessary. See Goudie v. Garcia, 584 So. 2d 100 (Fla. 3d DCA1991); Scutieri v. Miller, 584 So. 2d 15, 16 (Fla. 3d DCA1991); World on Wheels of Miami, Inc. v. International Auto Motors, Inc., 569 So. 2d 836, 837 n. 1 (Fla. 3d DCA1990). Accordingly, the order of the trial court which denied Libert…
• Power v. Grow Grp., Inc., 697 So. 2d 1286 (Fla. 5th DCA 1997)
  …receive notice of a hearing which resulted in a judgment against her, and the other party disputes this contention, an evidentiary hearing is required to resolve the matter. Scutieri v. Miller, 584 So. 2d 15, 16 (Fla. 3d DCA 1991); Goudie v. Garcia, 584 So. 2d 100, 101 (Fla. 3d DCA 1991); see Liberty Mut. Ins. Co. v. Lyons, 622 So. 2d 621, 622 (Fla. 5th DCA 1993). The court cannot determine the credibility of appellant’s claim of lack of notice without hearing her evidence. The court is not bound to believe h…
• Jose and Aracelli Mendoza v. Chase Home Fin., LLC, 126 So. 3d 350 (Fla. 3d DCA 2013)
  …ny event. While we both agree with this conclusion arid are sympathetic with the considerations which drove it, the law is clear that, in the absence of an appropriate notice of trial, none of these factors make any difference. See Goudie v. Garcia, 584 So. 2d 100 (Fla. 3d DCA 1991); Shlishey the Best, Inc. v. Citifinancial Equity Servs., Inc., 14 So. 3d 1271 (Fla. 2d DCA 2009).…

Authorities Cited

• Fishe & Kleeman, Inc. v. Aquarius Condo. Ass'n, Inc., 524 So. 2d 1012 (Fla. 1988)
• Govayra v. Straubel, 466 So. 2d 1065 (Fla. 1985)