RON PALAMARA, APPELLANT,
v.
WORLD CLASS YACHTS, INC., APPELLEE
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The court held that the evidence was sufficient to support the finding of personal service on the appellant, despite the non-appealable nature of the order denying the motion to set aside the default.
Appellant sought to set aside a default, arguing improper service. The trial court found that appellant attempted to evade service and that notice was…
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PER CURIAM.
Appellant seeks review of a non-final order denying his motion to set aside a default. Although an order denying a motion to vacate a non-final order of default is not appealable, Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983), appellant asserts an argument that the court did not have jurisdiction over him because he was not properly served with notice. We address only that issue.
The trial court found that appellant had attempted to evade service by running away from the process server. There was evidence showing that, as the server attempted to serve appellant outside his place of business, appellant ran inside and would not come out. In addition, testimony showed that appellant was informed of the contents of the notice, that the notice was placed on the door through which appellant later came out, and that the appellant had picked the papers up. This evidence was sufficient to support the finding that appellant had been personally served. Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971); Liberman v. Commercial Nat’l Bank of Broward County, 256 So. 2d 63 (Fla. 4th DCA 1971).
We do not, as we indicated earlier, have jurisdiction to review any of the other issues concerning the non-final order of default. Tieche. Affirmed.
FARMER, KLEIN and MAY, JJ., concur.
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Aventura Beach Club Condo. Ass'n, Inc. v. Blaustein, 997 So. 2d 1185 (Fla. 3d DCA 2008)…PER CURIAM. We treat the instant appeal as being an appeal of a nonfinal order determining jurisdiction of the person. See Fla. R.App. P. 9.130(a)(3)(C)(i); Palamara v. World Class Yachts, Inc., 824 So. 2d 194 (Fla. 4th DCA 2002). The defendant-appellant condominium association contended that the plaintiff-appellee had never served the association with process and thus never acquired jurisdiction over it. The plaintiff argued that the registered agent was…
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De Armand L. Hull v. The Lending House, Inc., 19 So. 3d 404 (Fla. 3d DCA 2009)…We treat this as an appeal from a non-final order determining jurisdiction of the person, see Fla. R.App. P. 9.130(a)(3)(C)(i); Aventura Beach Club Condo. Ass’n v. Blaustein, 997 So. 2d 1185 (Fla. 3d DCA 2008); Palamara v. World Class Yachts, Inc., 824 So. 2d 194 (Fla. 4th DCA 2002), and affirm. There is record evidence to support the trial court’s conclusion that substitute service on defendant Hull was appropriate. §§ 49.021, .031, .041, Fla. Stat. (2008). There was evidence that the defendant’s residenc…
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Daniella Becker v. Becker (Fla. 3d DCA 2022)…be satisfied if the process server leaves the papers at a place from which such person can easily retrieve them and takes reasonable steps to call such delivery to the attention of the person being served”); Palamara v. World Class Yachts, Inc., 824 So. 2d 194, 195 (Fla. 4th DCA 2002) (finding personal service; citing to Haney and Liberman). Affirmed.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Minerva C. Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983)
- Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971)
- Haskell M. Liberman and Leatrice Liberman v. Commercial Nat'l Bank OF Broward Cnty., 256 So. 2d 63 (Fla. 4th DCA 1971)