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Monsour v. Balk
Citations: 705 So. 2d 968; 1998 WL 23724Docket: 97-00538
Court: District Court of Appeal of Florida; January 22, 1998; Florida; State Appellate Court
Dr. Robert G. Monsour appealed the denial of his motion for relief from a default judgment in a breach of contract case involving Bruce Balk, A.I.A. P.A. The court reversed the trial court's decision, finding that the default judgment against Dr. Monsour was void due to insufficient service of process. Balk attempted to serve Dr. Monsour by delivering documents to his son in Sarasota, despite Dr. Monsour residing and practicing in Pennsylvania. The son informed Balk of the mistaken service and indicated that proper service needed to occur in Pennsylvania. The court noted that Florida Statutes require proper procedures for service on non-residents, which Balk failed to follow, resulting in no valid notice to Dr. Monsour. The court emphasized the need for an evidentiary hearing to evaluate the accuracy of the affidavits provided by Dr. Monsour and his son. If the allegations are substantiated, the original service would render the judgment void. The court also clarified that a party does not waive arbitration rights by filing a motion for relief from judgment, reinforcing the obligation to adhere to arbitration provisions in contracts. The appellate court concluded that the trial court must conduct an evidentiary hearing to assess the service issue and ultimately reversed the order denying Dr. Monsour's motion for relief.