RONALD C. BRUGH AND LORA L. BRUGH, HIS WIFE, APPELLANTS,
v.
THE SAVINGS AND PROFIT SHARING PENSION FUND OF UNITED INSURANCE COMPANY OF AMERICA, A FOREIGN CORPORATION, APPELLEE

Fla. 1st DCA | 1968-06-25
No. J-430
WIGGINTON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.
211 So. 2d 613 Florida District Court of Appeal, First District (1968) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The sole question presented on this appeal concerns the sufficiency of service of process upon Appellant Lora L. Brugh. A deputy sheriff of Leon County, Florida, attempted to institute service of process upon Appellant by serving her husband, Appellant Ronald C. Brugh. Evidence was adduced by Appellant Ronald C. Brugh going to the question as to whether the deputy sheriff strictly followed the provisions of Section 47.13, Florida Statutes, 1965, F.S.A. The return on the summons reflects that the deputy sheriff properly complied with the dictates of the statute. We conclude that the Appellant has not presented such clear and convincing evidence that will suffice to impeach the return.

Affirmed.

WIGGINTON, C. J., and CARROLL, DONALD K., and RAWLS, JJ., concur.


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  • Telf Corp. v. Ivon Gomez, 671 So. 2d 818 (Fla. 3d DCA 1996)
    …Halphen, 641 So. 2d 495 (Fla. 3d DCA 1994); Lazo v. Bill Swad Leasing Co., 548 So. 2d 1194 (Fla. 4th DCA 1989); Slomowitz v. Walker, 429 So. 2d [*819] 797 (Fla. 4th DCA 1983); Brugh v. Savings & Profit Sharing Pension Fund of United Ins. Co. of Am., 211 So. 2d 613 (Fla. 1st DCA 1968). Further, a defendant may not impeach the validity of the summons with a simple denial of service, but must present ‘clear and convincing evidence’ to corroborate his denial. Halphen, 641 So. 2d at 496; Jefferson Bank & Trust v.…

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