Opinion

SPENCER C. BLANTON v. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA

Court
District Court of Appeal of Florida
Filed
Sep 6, 2023
Status
Published
Cited by
0 cases
Authority
More cited than 12.5%

holding that when ruling on a motion to quash substituted service, the trial court, acting as factfinder, did not abuse its discretion when presented with conflicting testimony as to where served party was “actually living” on the date of service

How later courts described this case

  • holding that when ruling on a motion to quash substituted service, the trial court, acting as factfinder, did not abuse its discretion when presented with conflicting testimony as to where served party was “actually living” on the date of service
  • “[A] trial court's factual determinations, including credibility determinations, are ordinarily not disturbed on appeal.”

Written by the judges who cited it.

The opinion

Third District Court of Appeal

State of Florida

Opinion filed September 6, 2023.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1979

Lower Tribunal No. 19-199-K

________________

Spencer C. Blanton,

Appellant,

vs.

Board of County Commissioners of Monroe County, Florida,

Appellee.

An Appeal from the Circuit Court for Monroe County, Timothy J.

Koenig, Judge.

Robert Cintron, Jr., for appellant.

Cynthia L. Hall, Sr. Assistant County Attorney, for appellee.

Before LOGUE, C.J., and HENDON and GORDO, JJ.

PER CURIAM.

Affirmed. See § 48.031, Fla. Stat. (2019); Robles-Martinez v. Diaz,

Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011) (holding that when

ruling on a motion to quash substituted service, the trial court, acting as

factfinder, did not abuse its discretion when presented with conflicting

testimony as to where served party was “actually living” on the date of

service); Williams v. Nuno, 239 So. 3d 153, 155 (Fla. 3d DCA 2018) (“[A] trial

court's factual determinations, including credibility determinations, are

ordinarily not disturbed on appeal.”).

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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