Opinion
3D21-2246
06-08-2022
Jose Agustin Rodriguez, et al., Appellants, v. 5333 Collins Acquisitions, LP, Appellee.
Law Office of N. Fraser Schuh, and N. Fraser Schuh (Hallandale Beach), for appellants. Shubin & Bass, P.A., and John K. Shubin, Juan J. Farach, Jamie L. Katz and Katherine R. Maxwell, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Lower Tribunal No. 21-18137 William Thomas, Judge.
Law Office of N. Fraser Schuh, and N. Fraser Schuh (Hallandale Beach), for appellants.
Shubin & Bass, P.A., and John K. Shubin, Juan J. Farach, Jamie L. Katz and Katherine R. Maxwell, for appellee.
Before FERNANDEZ, C.J., and LOGUE and GORDO, JJ.
GORDO, J.
Affirmed. Coutts v. Sabadell United Bank, N.A., 199 So.3d 1099, 1100 (Fla. 3d DCA 2016) ("This argument [as to an evidentiary hearing] is without merit, as [Appellant]'s coverage counsel affirmatively advised the court that no evidentiary hearing was necessary and that the issue could be decided as a matter of law."); Morales L. Grp., P.A. v. Rodman, 305 So.3d 759, 761 (Fla. 3d DCA 2020) (finding Appellants did not submit any evidence "to the level of clear and convincing evidence that service was not validly executed"); Sadlak v. Nationstar Mortg., LLC, 252 So.3d 302, 304 (Fla. 3d DCA 2018) ("The return was regular on its face, and [Appellant] did not present clear and convincing evidence that she was not served.").