Southeastern Termite and Pest v. Ones

792 So. 2d 1266 (2001)

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Southeastern Termite and Pest v. Ones

Florida District Court of Appeal
792 So. 2d 1266 (2001)

Facts

Aser Ones (defendant) commenced an action against Southeastern Termite & Pest (Southeastern) (plaintiff). Celso Saenz was Southeastern’s president. Ones’s process-server submitted an affidavit-of-service stating that he had personally served Southeastern, through Saenz, with Ones’s summons and complaint on March 29, 2000, at Saenz’s home located at 208 Rich Drive, West Palm Beach, Florida. Because Southeastern did not timely respond to Ones’s summons, the trial court entered a default-judgment against Southeastern. Approximately six months later, Southeastern filed a motion to vacate the default-judgment. Southeastern submitted an affidavit stating that (1) the trial court did not have personal jurisdiction over Southeastern because Southeastern had never been served with process; and (2) Southeastern had never been served because on March 29, 2000, the date of the purported service-of-process on Saenz at 208 Rich Drive, Saenz was residing at 1853 Bell Lane, West Palm Beach, Florida, where he had moved approximately five weeks earlier. The trial court denied Southeastern’s motion to vacate without conducting an evidentiary hearing to resolve the discrepancies between Southeastern’s allegations and the process server’s affidavit-of-service. Southeastern appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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