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FLORIDA NAT. BANK v. HALPHEN

No. 94-535.

641 So.2d 495 (1994)

FLORIDA NATIONAL BANK, n/k/a First Union National Bank of Florida, Appellant, v. Leyda HALPHEN, Appellee.

District Court of Appeal of Florida, Third District.

August 24, 1994.

Attorney(s) appearing for the Case

Friedman & Greenberg and Robert D. Friedman, Plantation, for appellant.

Gilbride, Heller & Brown and Randall Nordlund, Miami, for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

BASKIN, Judge.

We reverse the order setting aside a default judgment entered in favor of appellant First Union National Bank of Florida. "[A] return of service which is regular on its face is presumed valid unless clear and convincing evidence is presented to the contrary. Furthermore, a defendant cannot impeach a summons by simply denying service, but must present `clear and convincing evidence' to corroborate his denial of service." Lazo v. Bill Swad Leasing...

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