Kassin v. 3909 Ponce de Leon, LLC
After wired closing funds were stolen by a hacker impersonating a Florida attorney and traced to REESK's bank account, 3909 Ponce obtained a default final judgment against REESK and its managing member. The Third District reversed the denial of motions to quash service and vacate the default, holding that no process was introduced at all as to the individual defendant and that the corporate return of service was facially defective for omitting the elements required by section 48.21(1), Florida Statutes.
Key facts
- Wired closing funds were stolen by a hacker impersonating a Florida attorney; the funds were traced to REESK's bank account, leading to a lawsuit by 3909 Ponce de Leon against REESK and its managing member.
- The trial court entered a default final judgment against both defendants after they failed to respond.
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Why it matters
Practical reinforcement that the Koster presumption of valid service never arises unless the record contains a return of service satisfying every element of section 48.21(1) — and that a plaintiff defending a default… — full analysis with a trial
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