Cellfus Enterprises, Inc. v. Jose Perez
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 29, 2020
Docket3D19-0599
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed January 29, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-599
Lower Tribunal No. 16-19749
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Cellfus Enterprises, Inc.,
Appellant,
vs.
Jose Perez,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces,
Judge.
Neil Rose (Hollywood), for appellant.
Obront Corey, PLLC, and Michael James Corey, for appellee.
Before EMAS, C.J., and SCALES and LOBREE, JJ.
PER CURIAM.
Cellfus Enterprises, Inc. (“Cellfus”) appeals an order denying its verified
motion to quash service of process and to vacate a clerk’s default and the ensuing
default final judgment. Upon our de novo review, SunTrust Bank v. Electric
Wireless Corp., 23 So. 3d 774 (Fla. 3d DCA 2009), we reverse and remand.
The undisputed facts in this case establish that the plaintiff below, Jose Perez,
failed to strictly comply with section 48.081, Florida Statutes (2016), governing
service of process on a domestic corporation, and accordingly, the trial court lacked
personal jurisdiction over Cellfus, and erred in denying the motion to vacate. See
Kelly v. HSBC Bank USA, N.A., 240 So. 3d 107 (Fla. 3d DCA 2018); Alvarado v.
Cisneros, 919 So. 2d 585 (Fla. 3d DCA 2006); York Commc’ns, Inc. v. Furst Grp.,
Inc., 724 So. 2d 678 (Fla. 4th DCA 1999).
We reverse and remand with instructions for the trial court to vacate the
default and default final judgment; to quash service of process on Cellfus; and for
further proceedings consistent with this opinion.
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