Zimmerman v. Greate Bay Hotel & Casino, Inc.
Zimmerman v. Greate Bay Hotel & Casino, Inc.
Opinion of the Court
Bernard and Victoria Zimmerman appeal an order finding that they were properly served in New Jersey actions filed by Greate Bay Hotel and Casino, Inc. We reverse.
At the hearing on Zimmermans’ action contesting the New Jersey court’s jurisdiction, § 55.509, Fla.Stat. (1993), the process server testified that he went to the Zimmer-mans’ residence and served a person who identified himself as Scott Sanders, the Zim-mermans’ nephew, who resided at that address. The process server recounted Sanders’ responses upon being served. The Zimmermans stated that Sanders was not their nephew, but rather, he was a repairman who did not reside there.
The Zimmermans correctly argue that the court erred in admitting the process server’s testimony as to Sanders’ statements.
Reversed and remanded.
. On appeal, the Zimmermans do not raise any issue whether the returns are facially regular. At oral argument, however, they contended that the affidavit of service on Mrs. Zimmerman inaccurately reflects that Sanders was personally known to the process server. A review of the affidavit indicates that the "personally known” indication is part of the notary's stamp and not the process server’s averments. Therefore, their contention is without merit.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.