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Gilbert v. BAYVIEW LOAN SERVICING, LLC.
Citations: 981 So. 2d 496; 2008 Fla. App. LEXIS 2981; 2008 WL 583909Docket: 3D07-3168
Court: District Court of Appeal of Florida; March 4, 2008; Florida; State Appellate Court
Leslie and Susan Gilbert, the appellants, sought certiorari review of a lower court's order that denied their motion to quash service of process in a case involving Bayview Loan Servicing, LLC, the appellee. The Florida District Court of Appeal treated the petition as an appeal from a nonfinal order, referencing Florida Rule of Appellate Procedure 9.130(a)(3). The primary issue was whether the service of process was properly executed under the long arm statute. During the evidentiary hearing, the process server testified that he informed Bryce Gilbert, an adult relative residing with the defendants, about the context of the summons rather than reading it verbatim. The court found this sufficient under Florida Statutes section 48.031(1)(a) and cited a precedent where service was deemed improper due to a lack of notification of contents. Ultimately, the court affirmed the lower court's ruling, upholding the validity of the service of process. Rehearing and rehearing en banc were denied on June 5, 2008.