Celebrity Actors Camp, Inc. v. Bredbenner
The Second District reversed an order denying a corporate defendant's and its officer's motions to quash service and vacate two default final judgments, holding that the plaintiff failed to strictly comply with section 48.031(6)(a) governing substituted service at a private mailbox. Because no evidence established that the private mailbox was the only address discoverable through public records, service was invalid and both judgments were void; the second judgment was additionally void because it was entered while a motion to vacate was pending.
Key facts
- Celebrity Actors Camp, Inc. sued Bredbenner; the trial court entered a default final judgment against the corporate defendant and its officer, then entered a second final judgment while a motion to quash service and vacate the first judgment was pending.
- Plaintiff attempted to serve the defendants through substituted service at a private mailbox under Florida Statute section 48.031(6)(a), relying on counsel's argument rather than evidence that the private mailbox was the only address discoverable through public records.
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Why it matters
The opinion is a practical roadmap for challenging (or supporting) service made at a Pak Mail/UPS-style private mailbox, reaffirming Dass and emphasizing that plaintiffs must introduce actual evidence of a… — full analysis with a trial
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