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