JAY ALLEN NEWCOMB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2007-10-05
No. 5D07-2881
THOMPSON, PLEUS and EVANDER, JJ., concur.
965 So. 2d 1257 Florida District Court of Appeal, Fifth District (2007) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Richardson v. State, 705 So. 2d 608 (Fla. 5th DCA 1997) (upholding 40-year sentence for second-degree murder on the basis that the offense is a first-degree felony punishable .by life).

THOMPSON, PLEUS and EVANDER, JJ., concur.


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    …GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007). Further, a judgment entered without such notice and opportunity to be heard is void. 957 So. 2d at 666. And, a void judgment can be collaterally attacked at any time. See, e.g., Wolfe v. Stevens, 965 So. 2d 1257 (Fla. 2d DCA 2007). [*1099] Damages are unliquidated if they require testimony to ascertain a value. Cellular Warehouse, 957 So. 2d at 665. Moreover, where the claim is for unjust enrichment, damages may be considered unliquidated despite an existin…
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    …yed knowledge at his command, made diligent inquiry, and exerted an honest and conscientious effort appropriate to the circumstances, to acquire the information necessary to enable him to effect personal service on the defendant.” Wolfe v. Stevens, 965 So. 2d 1257, 1259 (Fla. 2d DCA 2007) (quoting McDaniel v. [*1166] McElvy, 91 Fla. 770, 108 So. 820, 831 (1926)). In its denial of the motion to dismiss, the trial court made no specific findings regarding Hitt’s challenge to the affidavit for service by publica…
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    …on for Modification of Parenting Plan. We affirm the order without prejudice to Appellant’s right to raise his claim that service of process was invalid in a motion filed pursuant to Florida Rule of Civil Procedure 1.540(b)(4). See Wolfe v. Stevens, 965 So. 2d 1257, 1259 (Fla. 2d DCA 2007) (noting that a judgment entered without valid service is void for lack of personal jurisdiction and can be collaterally attacked at any time). AFFIRMED. DAVIS, PADOVANO, and ROWE, JJ., concur.…

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