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HENCILE DORSEY v. KIMBERLEE JO PERRETTA, etc.

Citation: Not availableDocket: 22-0028

Court: District Court of Appeal of Florida; March 22, 2023; Florida; State Appellate Court

Original Court Document: View Document

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Hencile Dorsey appeals a default final judgment from the Circuit Court for Miami-Dade County in favor of Kimberlee Jo Perretta, the personal representative of the Estate of James Rodney Hicks, in a quiet title action. Dorsey argues that the judgment is void due to defective service of process, claiming he was incarcerated when service was executed at his mother's residence. He cites the precedent set in Shurman v. Atlantic Mortgage Investment Corp., which establishes that an incarcerated individual's "usual place of abode" is their correctional facility for substitute service under Florida law. The court notes that the issue of service has not been litigated in the lower court. The appellate court affirms the judgment but allows Dorsey the opportunity to pursue his motion to quash service in the trial court.