ROBERT POOL, APPELLANT,
v.
AMY BUNGER, APPELLEE
ROBERT POOL, APPELLANT,
AMY BUNGER, APPELLEE
75 So. 3d 362
Florida District Court of Appeal, First District (2011)
Caution
Cited by 1 case
Opinion of the Court
Appellant, Robert Pool, seeks review of the trial court’s Order on Petition[ ] for Modification of Parenting Plan and Petitioner’s Motion to Set Hearing on Petition 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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Lewis v. Dollar Rent A CAR and Esis WC Claims, 220 So. 3d 1246 (Fla. 1st DCA 2017)…E/C to provide under the authority of paragraph 440.13(2)(a), if Claimant had filed a claim for the FCE. But here, it is the E/C who seeks to compel Claimant to undergo an FCE that she does not want. In Wojick v. Department of Children & Families, 75 So. 3d 362 (Fla. 1st DCA 2011), we held that the JCC lacked jurisdiction to compel a claimant’s attendance at an functional medical evaluation (FME)3 on three grounds: there was no pending petition for benefits, there was no statutory right to an FME per se wi…
Authorities Cited
- Newcomb v. State, 965 So. 2d 1257 (Fla. 5th DCA 2007)
- Wolfe v. Stevens, 965 So. 2d 1257 (Fla. 2d DCA 2007)