JEFFERSON BANK & TRUST v. LEVY

No. 86-60.

498 So.2d 450 (1986)

JEFFERSON BANK & TRUST, a Colorado Banking Corporation, Appellant, v. Joan Linda LEVY, Appellee.

District Court of Appeal of Florida, Third District.

July 29, 1986.


Attorney(s) appearing for the Case

Therrel Baisden & Meyer Weiss and Howard A. Setlin, for appellant.

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson and Bradford Swing, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


SCHWARTZ, Chief Judge.

The sum of the evidence accepted by the trial court as "clear and convincing" evidence1 that personal service was not effected upon the defendant-appellee at the residence of her father, as indicated in the sheriff's return of service, was (a) the testimony of the defendant herself, uncorroborated by any other witness or piece of tangible evidence, that she had not been served and that, although she had often been...

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