Legal Question in Landlord & Tenant Law in Florida

I had the Broward County Sheriff serve the registered agent of an LLC through one of his attorneys.

Now, he's filing a motion to vacate my default judgment (he never showed up in court) citing that he was not properly served and claims that the attorney that I served was never in his employ.

Yet that attorney had written the commercial lease for him (I was the tenant) , the lease did include that attorney as a person to send a copy of all matters pertaining to that lease, and he ( the attorney) also wrote to me shortly before being served, telling me that his client ( the landlord I was suing) had instructed him to file a counterclaim against me if I filed suit against him (which I did).

Will his motion to vacate be dismissed?

thanks

Marc Buck


Asked on 2/26/10, 11:31 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Attend the hearing with your evidence. I believe you will succeed.

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Answered on 3/03/10, 11:44 am
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

In order for service of process to be effective on the LLC through its registered agent, you would have had to serve the natural person or entity which serves as the registered agent as listed on the Florida Department of State's website. Although the attorney for the LLC drafted the lease agreement and was a copied person in the notice provision, service on the attorney is technically not valid unless subsequent to the purported service the attorney ratified same by filing a notice of appearance on behalf of the LLC and/or a substantive pleading on behalf of the LLC. Therefore as there appears to be a technical defect in service, the Judge in the case could possibly vacate the default judgment as Florida law generally favors having cases decided on the merits in lieu of the entry of default judgments. In the event you need assistance with the motion to vacate default or re-filing and serving the summons and complaint, please contact us at (305) 777-0411

www.balesfirm.com

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Answered on 3/03/10, 11:45 am


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