THOMAS PECILLE D/B/A SPORTSTIME PUB, APPELLANT,
v.
BROWARD RESTAURANT EQUIPMENT EXCHANGE, INC., APPELLEE
THOMAS PECILLE D/B/A SPORTSTIME PUB, APPELLANT,
BROWARD RESTAURANT EQUIPMENT EXCHANGE, INC., APPELLEE
639 So. 2d 997
Florida District Court of Appeal, Fourth District (1994)
Caution
Cited by 7 cases
Opinion of the Court
GUNTHER, Judge.
The motion to readopt is granted and we readopt the following opinion, originally issued on February 2, 1994:
We reverse the final judgment entered against appellant. The record demonstrates that the notice of hearing, which led to the entry of the final judgment, was mailed to an incorrect address. Thus, the final judgment is set aside because it was entered without notice to Pecille. Watson v. Watson, 583 So. 2d 410 (Fla. 4th DCA 1991) (judgment should have been set aside where face of order showed that trial court did not mail notice to correct address); Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988).
REVERSED AND REMANDED.
ANSTEAD and KLEIN, JJ., concur.
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Haim Polani and Varda Polani v. Payne, 654 So. 2d 202 (Fla. 4th DCA 1995)…. 4th DCA 1990), “[w]hen a party has no notice of a trial date, the trial court abuses its discretion when it proceeds with a final hearing.” Watson, 583 So. 2d at 411 (citations omitted); accord Pecille v. Broward Restaurant Equip. Exchange, Inc., 639 So. 2d 997 (Fla. 4th DCA 1994) (reversing final judgment where notice of hearing resulting in the final judgment was sent to an incorrect address). Here, appellees sent notice of the hearing that resulted in the default final judgment to the incorrect address.…
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Kidron, Inc. v. Carmona, 665 So. 2d 289 (Fla. 3d DCA 1995)…rents’ names. Finally, we observe that the trial court did not abuse its discretion by allowing the plaintiffs expert witness to testify or by admitting the relevant video portions. See Bisque Assocs. v. Towers of Quayside No. 2 Condo. Ass’n, Inc., 639 So. 2d 997 (Fla. 3d DCA 1994); Alford v. G. Pierce Woods Memorial Hosp., 621 So. 2d 1380 (Fla. 1st DCA 1993). Kidroris remaining points on appeal are without merit. Accordingly, the judgment is affirmed in part, and reversed in part, and remanded for a new tr…
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SDI Quarry v. Gateway Ests. Park Condo. Ass'n, 249 So. 3d 1287 (Fla. 1st DCA 2018)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988)
- Cintron v. State, 583 So. 2d 410 (Fla. 4th DCA 1991)
- Watson v. Watson, 583 So. 2d 410 (Fla. 4th DCA 1991)