Legal Opinion

Chatarpaul v. Colbert

District Court of Appeal of Florida

Decided August 1, 1990No. 90-0210Published

1Per curiam

For two reasons, we reverse the trial court’s order which denied appellant’s motion to quash service.

As appellant points out, appellees’ affidavit fails to rebut appellant’s by competent proof. See Naviera Blancamar, S.A. v. Boucher, 547 So.2d 1034, 1035 (Fla. 3d DCA 1989). Appellees failed to provide the *293trial court with competent proof that the adult woman named Jennifer (no last name given) upon whom service was made was residing in appellant’s household and was a proper recipient of service. Further, as appellant points out, appellees’ cross-claim fails to allege sufficient facts…

2Cases cited3 opinions

  1. Neff v. AdlerDistrict Court of Appeal of Florida · 1982
  2. Plummer v. HooverDistrict Court of Appeal of Florida · 1988
  3. Naviera Blancamar, S.A. v. BoucherDistrict Court of Appeal of Florida · 1989

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