Emmer v. Brucato

813 So. 2d 264 (2002)

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Emmer v. Brucato

Florida District Court of Appeal
813 So. 2d 264 (2002)

Facts

Charles and Marcia Brucato (defendants) filed an action against Allan Emmer, a Michigan resident, in Seminole County, Florida. The Brucatos submitted a return-of-service stating that Emmer was validly and timely served at his Michigan residence on October 26, 2000. Emmer did not respond to the Brucatos’ summons. In late December 2000, the Brucatos moved for entry of a default-judgment. After receiving notice of the Brucatos motion, Emmer requested a copy of the summons, which the Brucatos’ attorney promptly sent; however, Emmer claimed he never received it. On January 16, 2001, after receiving no response from Emmer, the trial court entered a final default-judgment in the Brucatos’ favor. Weeks later, Emmer moved to vacate the default-judgment, arguing that (1) Emmer’s failure to answer the Brucatos’ complaint was due to excusable neglect; (2) Emmer had a meritorious defense to the Brucatos’ action; and (3) the Florida court lacked personal jurisdiction over Emmer because Emmer had never been served with process. The trial court denied Emmer’s motion. Emmer appealed.

Rule of Law

Issue

Holding and Reasoning (Orfinger, J.)

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