Zohar v. Asset Acceptance, LLC

Full title: Sarit Zohar, Appellant, v. Asset Acceptance, LLC, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Nov 2, 2022

374 So. 3d 86 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D22-517

11-02-2022

Sarit ZOHAR, Appellant, v. ASSET ACCEPTANCE, LLC, Appellee,

Alan R. Soven, P.A., and Alan R. Soven, for appellant. Payal Chatani, Colleen E. Lehmann, and Johan A. Green (Tampa), for appellee.

EMAS, J.

An Appeal from a non-final order from the County Court for Miami-Dade County, Linda Melendez, Judge. Lower Tribunal No. 07-25608 CC

Alan R. Soven, P.A., and Alan R. Soven, for appellant.

Payal Chatani, Colleen E. Lehmann, and Johan A. Green (Tampa), for appellee.

Before EMAS, GORDO and BOKOR, JJ.

EMAS, J.

Sarit Zohar appeals the trial court’s order which, following an evidentiary hearing, denied Zohar’s motion to vacate a default final judgment entered against her in 2008. Finding no gross abuse of discretion by the trial court, we affirm. See Lewis v. Fifth Third Mortg. Co., 38 So. 3d 157, 160 (Fla. 3d DCA 2010) (a trial court’s denial of a motion to vacate a default final judgment is reviewed for a gross abuse of discretion); Block v. Tosun, 77 So. 3d 871 (Fla. 4th DCA 2012) (noting that where the court file, including return of service, had been destroyed, the trial court should conduct an evidentiary hearing, weigh the evidence, and resolve the question of fact as to whether the defendant was properly served).