Angarita v. Hypertoyz, Inc.
1:23-cv-20695
S.D. Fla.Aug 12, 2024Background
- Plaintiffs (the Angarita family) sued Hypertoyz, Inc. and Eric Marabini (d/b/a Hyperpowersports) for damages after an electric scooter purchased from Defendants exploded and caused a house fire.
- The court entered default judgment against both Defendants for nearly $3 million after neither responded to the complaint or appeared in the case.
- Marabini was served via substitute service at 1726 NW 20th Street, Miami, with the process server stating service was on the person in charge, after two prior attempts at the same address.
- Over a year after purported service and several months after the final judgment, Marabini moved to set aside the default, claiming ineffective service and thus a void judgment under Rule 60(b)(4).
- The court previously found service complied with Florida's substitute service statute for sole proprietors and that Marabini had adequate notice of the lawsuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Substitute Service | Service was at Marabini’s business, following statute and process server confirmed compliance | 1726 NW 20th St. not Marabini’s business, affidavit facially defective | Affidavit was facially valid; mere assertions insufficient to rebut presumption |
| Person in Charge Requirement | Receptionist identified as person in charge, process server confirmed | Receptionist was not in charge at time of service | No convincing evidence receptionist wasn’t in charge; process server testimony credited |
| Waiver by Delay | Marabini delayed unreasonably before objecting, waiving any defect | Delay doesn't preclude jurisdictional challenge under Rule 60(b)(4) | Unexplained lengthy delay equals waiver of service objection |
| Connection to Registered Address | No evidence 475 Brickell was actual business in 2023; 1726 NW 20th was correct business address | Registered address on state records is actual business address | Registered address not controlling; no evidence contradicts 1726 NW 20th as business |
Key Cases Cited
- Oldfield v. Pueblo de Bahia Lora, S.A., 558 F.3d 1210 (11th Cir. 2009) (discussing void judgments for lack of personal jurisdiction)
- United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260 (2010) (delay in raising Rule 60(b)(4) objection can result in waiver)
- Harris Corp. v. Nat’l Iranian Radio & Tele., 691 F.2d 1344 (11th Cir. 1982) (objections to personal jurisdiction can be waived)
- Sanderford v. Prudential Ins. Co. of Am., 902 F.2d 897 (11th Cir. 1990) (defendant risks waiver by waiting until after default judgment to object to service)
- Kammona v. Onteco Corp., 587 F. App’x 575 (11th Cir. 2014) (bare assertions about service address insufficient to defeat service)