SELTZER v. KEY WEST BANK

No. 3D09-2646.

34 So.3d 83 (2010)

David SELTZER and Ila Seltzer, Appellants, v. KEY WEST BANK, FSB, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 12, 2010.


Attorney(s) appearing for the Case

Coleman & Associates, P.A., Roderick F. Coleman and Cory S. Carano, Boca Raton, for appellants.

Moskowitz, Mandel, Salim & Simowitz, Arthur E. Lewis and Todd A. Armbruster, Fort Lauderdale, for appellee.

Before RAMIREZ, C.J., and SUAREZ and ROTHENBERG, JJ.


PER CURIAM.

We recently reiterated that "[a] return of service that is `regular on its face is presumed to be valid absent clear and convincing evidence presented to the contrary." Telf Corp. v. Gomez, 671 So.2d 818, 818 (Fla. 3d DCA 1996). Additionally, "a defendant may not impeach the validity of the summons with a simple denial of service." Id. at 819. See also SunTrust Bank v. Elec. Wireless Corp.,

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