Seltzer v. Key West Bank, FSB

We recently reiterated that “[a] return of service that is ‘regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary.” Telf Corp. v. Gomez, 671 So.2d 818, 818 (Fla. 3d DCA 1996). Additionally, “a defendant may not impeach the validity of the summons with a simple denial of service.” Id. at 819. See also SunTrust Bank v. Elec. Wireless Corp, 23 So.3d 774, 776 (Fla. 3d DCA 2009).

Here, the return of service states that it was effected on Jerry Newton, a tenant/occupant residing with David Seltzer. Seltzer filed an affidavit signed by Jerry…