In short: In Tan v. Hua (2012) the Third District affirmed, without opinion, a Miami-Dade order leaving in place a default partition judgment. Service had been made on the household’s 16-year-old, and the co-owner defendant later said she never knew of the suit. Substituted service on a resident 15 or older is valid in Florida.
The Facts
This was a partition action over property in Miami-Dade County. According to the oral argument, the process server left the summons with the defendants’ 16-year-old son at the family home. He gave the papers to his father, who was a co-owner and co-defendant. Neither parent responded, and the court entered a default and a judgment of partition, with counts the argument described as including an equitable lien and foreclosure.
Years later the mother, appellant Alice H. Tan, moved for relief. As described in the argument, she said she never knew about the case, pointed to estrangement within the household, and argued excusable neglect, a meritorious defense, and diligence once she learned of the judgment. She also challenged relief beyond partition. The opposing side relied on valid substituted service and the passage of time, noting her background in mortgage and real estate brokerage.
Because the court issued no opinion, these facts come from the parties’ arguments, not from a written ruling.
The Decision
On November 7, 2012, the Third District affirmed in a one-word per curiam decision. The default and the partition judgment stood. The court gave no reasons, so we do not know whether it found service valid, found no excusable neglect, found the motion too late, or something else.
What is clear is the practical result: a co-owner who was served through her household, and did nothing, was unable to undo the judgment years later.
The Law
Under section 48.031(1)(a), original process may be served by leaving copies at the defendant’s usual place of abode with any person residing there who is 15 years of age or older, and informing that person of the contents. Service on a 16-year-old resident therefore can be valid service on a parent.
Relief from a default judgment is governed by Florida Rule of Civil Procedure 1.540(b). Motions based on mistake, inadvertence or excusable neglect must be filed within a reasonable time and not more than one year after the judgment. A void judgment, such as one entered without valid service, can be attacked at any time, which is why the validity of service is usually the first battle. Partition itself is governed by Chapter 64, beginning at section 64.011.
Current law (2026): Section 48.031(1)(a) checked on flsenate.gov (2026): substituted service on resident 15 years of age or older remains the rule.
Lessons
- Legal papers left with anyone 15 or older who lives in your home can count as service on you. Make sure everyone in the household knows to pass them on.
- If you co-own property with someone you are estranged from, monitor the public records and court dockets for your name.
- Excusable-neglect relief has a one-year outer limit. Waiting years is usually fatal unless the judgment is void.
- A partition judgment can lead to a forced sale. Respond to every summons, even if you think a co-owner is handling it.
Source: Tan v. Hua, No. 3D12-0448 — Fla. 3d DCA (November 7, 2012).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Served Through Her Teen Son, Defaulted on Partition — Can She Undo It? | Tan v. Hua, 3D12-0448
Go Deeper
- Fighting Over the House in Florida Probate: Stopping a Sale, Multiple Heirs, and Partition
- How to Vacate a Default or Final Judgment in Florida: Rule 1.540 and Its Limits
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
Can a minor accept service of process in Florida?
Yes, if the minor is 15 or older and lives at the home. Section 48.031(1)(a) allows substituted service by leaving the papers at the defendant’s usual place of abode with any resident 15 or older and telling that person what they are.
How long do I have to set aside a default judgment in Florida?
For mistake, inadvertence or excusable neglect, Rule 1.540(b) requires a motion within a reasonable time and no more than one year after the judgment. If service was invalid and the judgment is void, it can be challenged at any time, but delay can still hurt you.
What is a partition action in Florida?
A partition action under Chapter 64 asks the court to divide co-owned property or, if it cannot be divided fairly, order it sold and split the proceeds. Co-owners who do not respond can be defaulted and lose their say in how the sale and accounting are handled.
What do I need to show to vacate a default in Florida?
Generally three things: excusable neglect in failing to respond, a meritorious defense, and due diligence in seeking relief once you learned of the default. All three are required, and the motion must be timely. A claim that you were never validly served is a separate argument.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
