Boca Stel 2, LLC v. JPMorgan Chase Bank National Ass'n
Boca Stel 2, LLC v. JPMorgan Chase Bank National Ass'n
Opinion of the Court
Boca Stel 2, LLC (“Appellant”), appeals the denial of a motion to quash service of process in which Appellant argued JPMor-gan Chase Bank National Association’s (“Appellee”) return of service and subsequent service by publication were defective. Appellant argues that the trial court’s denial of the motion to quash was improper without first holding an eviden-tiary hearing.
Appellee published constructive service in a weekly newspaper on November 9 and 16, 2012, following failed attempts at personal and substituted service of process. On March 25, 2013, Appellant filed a verified motion to quash constructive service of process. Appellant argued that notice of action was defective because Appellee’s return of service failed to allege that Appellant evaded service, did not reside in Florida, or that Appellant’s whereabouts were unknown. Appellant also argued in the motion to quash that Appellee’s constructive service was defective because of an insufficient search. The trial judge denied the motion to quash, without an evi-dentiary hearing, for failure to provide evidence besides the verified motion to quash. This appeal followed.
A trial court’s ruling on a motion to quash service of process is subject to a de novo standard of review. Hernandez v. State Farm Mut. Auto. Ins. Co., 32 So.3d 695, 698 (Fla. 4th DCA 2010) (citing Mecca Multimedia, Inc. v. Kurzbard, 954 So.2d 1179, 1181 (Fla. 3d DCA 2007)). Appellant
In this case, the trial court’s order found that the only evidence presented was Appellant’s verified motion to quash. Here, as in Linville, “[t]he unrebutted allegations contained in appellant’s motion to quash service of process ..., if proven by clear and convincing evidence, would establish appellee’s failure to effect valid service of process....” Id. at 296 (citing Slomowitz v. Walker, 429 So.2d 797 (Fla. 4th DCA 1983)). Accordingly, we reverse and remand for an evidentiary hearing.
REVERSED and REMANDED with instructions.
. Appellant further alleged that service was ineffective because the published notice of action failed to include either a date of first publication or a date within which Appellant should file defenses pursuant to section 49.09, Florida Statutes (2012). The record shows that the notice of action, as published in the Apopka Chief newspaper, contained the two specific dates of publication required under section 49.09.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.