Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

BREM C. NESSLEIN, APPELLANT, v. DAVID C. NESSLEIN, APPELLEE.

PER CURIAM.

Brem Nesslein appeals from a final order of the trial court dismissing her motion for rehearing and/or reconsideration as being untimely served under Florida rule of Civil Procedure 1.530(b) because the envelope which contained opposing counsel's copy of the motion was postmarked several days after the time for rehearing. We reverse. Ms. Nesslein's motion was timely served, as was evidenced by the certificate of service on the motion itself. The certificate of service is prima facie proof that service was effectuated on the date sworn to by counsel. Fla. R.Civ.P. 1.080 (f). A postal cancellation date is not sufficient to rebut the prima facie proof of compliance with Rule 1.080(f). Mr. Martinez, Inc. v. Ponce De Leon Fed. Sav. Loan Ass'n, 558 So.2d 153, 154 (Fla. 3d DCA 1990).

Reversed.

Use AI to get other relevant cases.

Comments

NESSLEIN v. NESSLEIN
(Apr 17, 1996)