Linville v. Home Savings of America, FSB
Linville v. Home Savings of America, FSB
Opinion of the Court
Chi Luu Linville appeals from an order denying her motion to quash service of process and contends the trial court erred in denying her motion without an evidentiary hearing. We agree and reverse.
On March 29, 1993, the trial court heard argument at a motion calendar hearing on appellant’s motion to quash service of process. Appellant’s affidavit constituted the only evidence presented at the hearing. The trial court continued the matter until April 30, 1993 for an evidentiary hearing on appellant’s motion. On April 23, 1993, appellee filed a pleading in opposition to any subse
This court has previously expressed its view that neither the submission of affidavits nor argument of counsel is sufficient to constitute an evidentiary hearing. Sperdute v. Household Realty Corp., 585 So.2d 1168, 1169 (Fla. 4th DCA 1991). The unrebutted allegations
Accordingly, we reverse the trial court’s order denying appellant’s motion to quash service of process and remand for proceedings consistent with this opinion.
REVERSED and REMANDED.
. Appellee has not filed an answer brief in this appeal. Moreover, the appendix filed by appellant does not contain any evidence presented by appellee refuting appellant’s allegation of defective service in the trial court.
Reference
- Full Case Name
- Chi Luu LINVILLE v. HOME SAVINGS OF AMERICA, FSB, f/k/a Home Savings of America, F.A.
- Cited By
- 9 cases
- Status
- Published