Our decision should not be read as precluding a defendant from
challenging the authority of the person verifying the complaint if the defendant has a
legitimate basis to do so. Rather, our decision resolves only the issue of whether
evidence supporting that authority must be submitted with the complaint. We leave for
another day consideration of whether such a challenge may be addressed through other
mechanisms such as an affirmative defense, by attacking the complaint as a sham,
through summary judgment, or otherwise. Similarly, we do not address the evidentiary
burdens that must be met to resolve the issue.


One Comment

  • Carl Collicott says:

    Legal Opinion: GCH-0078 Index: 2.245 Subject: PH Due Process …


    United States Department of Housing and Urban Dev…

    Analysis of Florida Eviction Procedures for Each of the Regulatory. Due Process Elements … except when the section or statute which allows for a summary action provides. a different procedure. … 83.21, F.S. 83.59(2). Rule 1.110(b) of the …

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