BELL v. REAL ESTATE FLORIDA COMMERCIAL INTERNATIONAL, INC.

No. 4D08-827.

995 So.2d 1029 (2008)

Nelson BELL, Appellant, v. REAL ESTATE FLORIDA COMMERCIAL INTERNATIONAL, INC., f/k/a Real Estate World Florida Commercial, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 16, 2008.


Attorney(s) appearing for the Case

Roger G. Stanway, Hollywood, for appellant.

Patrick John McGinley of the Law Office of Patrick John McGinley, P.A., Winter Park, for appellee.


PER CURIAM.

Appellant moved to vacate a final judgment on the ground that he was not properly served with process. At the hearing on the motion to set aside the judgment, based on a default, the process server testified that he had served appellant with the papers, despite appellant's attempts to avoid service of process. Appellant admitted he lived at the address where the process server had been attempting to serve him, but testified that he had been out of town...

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