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In Gray v. Fifth Third Bank, 50 Fla. L. Weekly D1764 (Fla. 6th DCA 2025), the Sixth District Court of Appeal reversed a default judgment — not because of a novel legal argument, but because of a foundational procedural failure: the defendant was never properly served.
Fifth Third Bank had obtained a default judgment in a foreclosure action. The defendant later moved to vacate, arguing he had never been served. On appeal, the bank eventually conceded the service was defective, and the court reversed.
The ruling underscores a basic but easily overlooked practice point: always confirm the sufficiency of service. This applies equally to plaintiffs trying to secure a quick judgment and to defense counsel evaluating the viability of motions to vacate. Improper service renders everything downstream — including a default — voidable.
Attorneys often rely on paralegals or process servers to handle service; however, courts expect the attorney of record to review the return of service, verify that it complies with statutory requirements, and confirm that the named defendant was actually served at the correct address by an authorized person.
Takeaway: Don’t shortcut service. Whether you’re seeking judgment or defending one, start every case by reviewing the return of service. If service is defective, everything that follows is at risk.
At Boatman Ricci, we bring disciplined procedural scrutiny to every case — because getting the fundamentals wrong can undo a strong position. Need help evaluating service or pursuing a motion to vacate? Contact our team for experienced guidance.
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