DADELAND FAMILY PLANNING CENTER, INC., APPELLANT,
v.
CYNTHIA D. CASH, APPELLEE
DADELAND FAMILY PLANNING CENTER, INC., APPELLANT,
CYNTHIA D. CASH, APPELLEE
516 So. 2d 84
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s determination that appellant failed to demonstrate excusable neglect, see Orlando Partners, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA), review dismissed, 497 So. 2d 1217 (Fla.1986); Bayview Tower Condominium Ass’n, Inc. v. Schweizer, 475 So. 2d 982 (Fla. 3d DCA 1985), and was therefore not entitled to vacation of the default. The second amended complaint, although not artfully pled, is not fundamentally flawed, Fla.R.Civ.P. 1.120(c), and contains sufficient allegations against appellant to support the trial court’s denial. Appellant’s remaining point lacks merit.
Affirmed.
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Robles-Martinez v. Diaz, Reus & Targ, LLP, 88 So. 3d 177 (Fla. 3d DCA 2011)…he manner of execution, there is no indication that the person served was over 15 years old. Consequently, under section 4.8.21 ... the return of service was defective and the service was invalid. Id. at 864 (emphasis added). Johnston v. Halliday, 516 So. 2d 84, 85 (Fla. 3d DCA 1987), provides another example of what is meant by the concept of a return of service which is “regular on its face.” In Johnston, the process server attempted substituted service under section 48.031(1) by serving the defendant’s…
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Clauro Enters., Inc. v. Aragon Galiano Holdings, LLC, 16 So. 3d 1009 (Fla. 3d DCA 2009)…he service of process statute has been complied with is insufficient to meet the proponent’s initial burden of establishing proper service.” York Commc’ns, Inc. v. Furst Group, Inc., 724 So. 2d 678, 679 (Fla. 4th DCA 1999). See Johnston v. Halliday, 516 So. 2d 84, 85 (Fla. 3d DCA 1987) (holding that a return of service merely stating that substituted service was effected on the defendant’s son who was “of suitable age and discretion” was insufficient absent facts establishing that the process server complied…
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- Bayview Tower Condo. Ass'n, Inc. v. Schweizer, 475 So. 2d 982 (Fla. 3d DCA 1985)
- Orlando P'rs, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA 1986)