NELSON BELL, APPELLANT,
v.
REAL ESTATE FLORIDA COMMERCIAL INTERNATIONAL, INC., F/K/A REAL ESTATE WORLD FLORIDA COMMERCIAL, INC., APPELLEE
Explore caselaw by topic → Browse Service Of Process cases and more on FLexlaw
PER CURIAM.
Appellant moved to vacate a final judgment on the ground that he was not properly served with process. At the hearing on the motion to set aside the judgment, based on a default, the process server testified that he had served appellant with the papers, despite appellant’s attempts to avoid service of process. Appellant admitted he lived at the address where the process server had been attempting to serve him, but testified that he had been out of town when the process server claimed to have served him with the papers at the gate to his driveway. The trial court obviously believed the process server, who identified appellant as the person he served.
Where return of service appears valid on its face, there is a presumption of correctness, Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1988), and in this case appellant did not overcome that presumption. We have considered the other issue raised by appellant and find it to be without merit. Affirmed.
POLEN, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bolin v. State, 8 So. 3d 428 (Fla. 2d DCA 2009)…s intention to harm.” Given the extent of Ms. Holley’s wounds, no evidence at trial supported that possibility. Fundamental error occurs when a jury instruction contains an incorrect definition of a disputed element of a crime. See McCain v. State, 995 So. 2d 1029, 1034 (Fla. 2d DCA 2008) (citing Reed, 837 So. 2d 366). Here, the disputed issues were whether Bolin was the perpetrator and, if so, whether he acted with premeditation. Negligence simply was not at issue in this case. Similar fundamental error occ…
-
Ford v. State, 50 So. 3d 799 (Fla. 2d DCA 2011)…)). Implicating a defendant in other crimes not charged “ ‘is presumed harmful error because of the danger that a jury will take the bad character or propensity to crime thus demonstrated as evidence of guilt of the crime charged.’” McCain v. State, 995 So. 2d 1029, 1033 (Fla. 2d DCA 2008) (quoting Straight v. State, 397 So. 2d 903, 908 (Fla.1981)). In this case, we cannot say that the prosecutor’s improper argument was harmless, that the State overcame the harmful error presumption, or that “there is no reas…
-
Quesada v. State (Fla. 6th DCA 2026)…v. State, 547 So. 2d 111, 115 (Fla. 1989); Gillig v. State, 356 So. 3d 260, 265 (Fla. 4th DCA 2023); State v. Woodruff, 346 So. 3d 1238, 1243 (Fla. 3d DCA 2022); Rodriguez-Olivera v. State, 328 So. 3d 1080, 1085 (Fla. 2d DCA 2021); McCain v. State, 995 So. 2d 1029, 1033 (Fla. 5th DCA 2008). However, the Florida Supreme Court has recently characterized this proposition as nonbinding dicta and a “misstatement of the law." Johnson v. State, 397 So. 3d 626, 641 n.9 (Fla. 2024). [*3] time of the murder] lacked any…
Authorities Cited
- Slomowitz v. E.O. Walker and Geneva Walker, 429 So. 2d 797 (Fla. 4th DCA 1983)