Opinion
No. 3D23-1272
05-01-2024
Paula Andrea CARMONA, Appellant, v. VQ EVERGLADES HOMES LLC, Appellee.
Legal Services of Greater Miami, Inc., Kathryn Mesa, and Jeffrey M. Hearne, for appellant.
An appeal from the County Court for Miami-Dade County, Michael G. Barket, Judge. Lower Tribunal No. 23-12522 CC
Legal Services of Greater Miami, Inc., Kathryn Mesa, and Jeffrey M. Hearne, for appellant.
No appearance, for appellee.
Before FERNANDEZ, MILLER, and LOBREE, JJ.
MILLER, J.
In this residential eviction case, appellant, Paula Andrea Carmona, the tenant, appeals from an order denying her motion to vacate a default final judgment of eviction rendered in favor of appellee, VQ Everglades Homes LLC, the landlord. In her verified motion, Carmona contended she was never served with the complaint and corroborated her allegations by appending a copy of the return of service reflecting she was served at an address other than that set forth in the complaint and final judgment. Because her unrebutted allegations, if proven by clear and convincing evidence, would establish that VQ Everglades failed to effectuate valid service of process, Carmona established, at a minimum, entitlement to an evidentiary hearing. Accordingly, we are constrained to reverse and remand for further proceedings. See Oshana v. Lopiano, 314 So. 3d 311, 312 (Fla. 3d DCA 2020) (finding trial court was required to hold evidentiary hearing on issues relating to service of process prior to rendering findings and denying motion to vacate final judgment); see also Travelers Ins. Co. v. Davis, 371 So. 2d 702, 703 (Fla. 3d DCA 1979) (reversing order quashing service of process and requiring evidentiary hearing to first determine validity of service of process); Linville v. Home Sav. of Am., FSB, 629 So. 2d 295, 296 (Fla. 4th DCA 1993) (concluding appellant was entitled to evidentiary hearing on motion to quash because allegations contained within motion would establish failure to effect valid service of process, as required by section 48.031, Florida Statutes).
Reversed and remanded.