Postage-Meter Mark May Rebut Date Listed in Certificate of Service

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In this foreclosure case, the bank moved for reconsideration after trial.  The certificate of service in the motion listed the last day (day 10) to serve the motion.  The postage-meter, however, listed the following day (day 11), one day too late.  The trial court denied the motion as untimely, without receiving evidence.  The bank appealed.  Finding this to be a case of first impression, the appellate court framed the issue: “In determining whether a motion was timely served by mail, can a private postage-meter mark constitute competent substantial evidence to rebut the prima facie proof of mailing evidenced by the date contained in the certificate of service?”

The court answered the question affirmatively, and remanded for the trial court to take further evidence on the issue.

Chase Bank v. Bigley, 38 Fla. L. Wkly D1998a (Fla. 3d DCA Sept. 18, 2013).

 

Topics:  Banks, Foreclosure, Mortgages, Service of Process

Published In: Civil Procedure Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Trenam Kemker | Attorney Advertising

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