Telf Corp. v. Gomez

671 So. 2d 818 (1996)

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Telf Corp. v. Gomez

Florida District Court of Appeal
671 So. 2d 818 (1996)

Facts

Ivon Gomez (defendant) commenced an action against Telf Corporation (Telf) (plaintiff). Gomez, through a process server, personally served Jesus Paredes (plaintiff), Telf’s registered agent, at Paredes’s home. Gomez submitted a facially regular affidavit-of-service, also called a return-of-service, confirming Gomez effected service-of-process on Telf via personal service on Paredes in his capacity as Telf’s registered agent. Paredes and Telf moved to quash the service-of-process, claiming, without any corroborating evidence, that service-of-process was invalid because (1) Paredes did not reside at the address named in the affidavit-of-service; and (2) Telf did not conduct business at the address named in the affidavit-of-service. The trial court denied Paredes’s and Telf’s motion to quash, holding that they failed to meet their burden to submit clear-and-convincing evidence corroborating their allegations. Paredes and Telf appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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