IRA LIVINGSTON AND LILLIAN LIVINGSTON, APPELLANTS,
v.
LEAH GOLD FEIN, APPELLEE

Fla. 3d DCA | 1978-05-30
No. 77-934
Before HENDRY, HUBBART and KE-HOE, JJ.
359 So. 2d 25 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 4 cases
Opinion of the Court
KEHOE, Judge.

KEHOE, Judge.

Appellants, defendants below, appeal an order denying their motion to set aside a default and to vacate a final judgment entered against them in an action for liquidated damages.

Our review of the record leads us to the conclusion that appellants failed to establish by clear and convincing evidence the invalidity of the service of process in this cause. Without such proof, the trial court had no basis upon which to set aside the default judgment. See, e. g., Winky’s Inc. v. Francis, 229 So. 2d 903 (Fla. 3d DCA 1970); and Mitchell v. Brown, 114 So. 2d 178 (Fla. 1st DCA 1959). Accordingly, the order appealed is affirmed.

Affirmed.

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  • The Travelers Ins. Co. v. Davis, 371 So. 2d 702 (Fla. 3d DCA 1979)
    …d persuades us that service of process was not defective on its face. The appellee must be able to demonstrate the invalidity of the service of process by clear and convincing evidence before the motion to quash could be granted. Livingston v. Fein, 359 So. 2d 25 (Fla.3d DCA 1978); Winky’s Inc. v. Francis, 229 So. 2d 903 (Fla.3d DCA 1969); Rumpf v. Freedman, 118 So. 2d 237 (Fla.3d DCA 1960); Mitchell v. Brown, 114 So. 2d 178 (Fla.1st DCA 1959); rev’d on other grounds, 119 So. 2d 385 (Fla.1960). To insure ade…
  • Cortez Dev. Co. v. NEW York Cap. Grp., Inc., 401 So. 2d 1163 (Fla. 3d DCA 1981)
    …r of fact, could have completely rejected Rosenberg’s exculpatory statement, Cherry v. Heffer-nan, 132 Fla. 386, 182 So, 427 (1938); Winky’s, Inc. v. Francis, 229 So. 2d 903 (Fla. 3d DCA 1970), or certainly found it unconvincing, Livingston v. Fein, 359 So. 2d 25 (Fla. 3d DCA 1978), in light of other evidence before it showing that (a) the address of Rosenberg was correct according to other records and information received from persons at that address, compare Crews v. Rohlfing, 285 So. 2d 433 (Fla. 3d DCA 1…

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