Legal Opinion

Arlene Preudhomme v. Christopher Matthews and Garth Bailey

District Court of Appeal of Florida

Decided June 15, 2016No. 4D15-3640PublishedCited by 1 opinion

1Per curiam

We reverse the order granting the motion to quash service of process.

A plaintiff seeking to “invoke the court’s jurisdiction bears the burden of proving proper service,” which requires a showing that the return of service is “facially valid or regular on its face.” Koster v. Sullivan, 160 So.3d 385, 389 (Fla.2015). “If the return is regular on its face, then the service of process is presumed to be valid and the party challenging service has the burden of overcoming that presump tion by clear and convincing evidence.” Id. (quoting Re-Emp’t Servs., Ltd. v. Nat’l Loan Acquisitions Co., 969…

2Cases cited6 opinions

  1. Slomowitz v. WalkerDistrict Court of Appeal of Florida · 1983
  2. Re-Employment Services, Ltd. v. NLACDistrict Court of Appeal of Florida · 2007
  3. Lance Koster v. Carol SullivanSupreme Court of Florida · 2015
  4. Bank of America, N.A. v. BornsteinDistrict Court of Appeal of Florida · 2010
  5. Lazo v. Bill Swad Leasing Co.District Court of Appeal of Florida · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Rizk v. Ventures Trust 2013-I-H-R by MCM Capital Partners, LLCDistrict Court of Appeal of Florida · 2018

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