Shelley v. State, Department of Financial Services

The majority affirms the default order under the theory that the attempted service of the notice — rather than actual service — was reasonable under the circumstances. What the majority overlooks is that this rule, and the cases espousing it, apply only to circumstances in which an evidentiary hearing was first conducted, and findings made as to the reasonableness of the notice afforded. In stark contrast to such cases, no fact-finding hearing has ever been conducted in the instant case; hence, the record before us is silent regarding the essential issue of whether appellants were accorded…