FLORIDA TERRAZZO SUPPLIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
MATTHEW FONDAS, APPELLEE

Fla. 3d DCA | 1968-10-15
No. 68-261
Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
214 So. 2d 634 Florida District Court of Appeal, Third District (1968) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By this appeal, plaintiff seeks reversal of the trial court’s order vacating a default judgment entered against the defendant and quashing service of process. We find merit in plaintiff’s contentions that the defendant was effectively served pursuant to § 47.13 Fla.Stat., F.S.A., and that it was error for the trial court to enter its order vacating the default judgment and quashing service of process. State ex rel. Merritt v. Heffernan, 142 Fla. 496, 195 So. 145, 127 A.L.R. 1263.

Accordingly the order appealed is reversed.


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  • Willig v. Blake, 358 So. 2d 871 (Fla. 3d DCA 1978)
    …ve defense upon which the trial court granted summary final judgment in their favor. See State ex rel. Victor Chemical Works v. Gay, 74 So. 2d 560 (Fla.1954); North Miami v. Seaway Corp., 151 Fla. 301, 9 So. 2d 705 (1942); and Tietig v. Dade County, 214 So. 2d 634 (Fla. 3d DCA 1968). Because the summary final judgment was correctly entered by the trial court, appellant’s petition for reconsideration was properly denied. Therefore, no other error having been made to appear, the order of the trial court denying…
  • Aquarius Condo. Ass'n, Inc. v. Markham, 442 So. 2d 423 (Fla. 4th DCA 1983)
    …ve defense upon which the trial court granted summary final judgment in their favor. See State ex rel. Victor Chemical Works v. Gay, 74 So. 2d 560 (Fla.1954); North Miami v. Seaway Corp., 151 Fla. 301, 9 So. 2d 705 (1942); and Tietig v. Dade County, 214 So. 2d 634 (Fla. 3d DCA 1968). There is nothing in Willig to suggest that the taxpayer went through the administrative process as did the association. Moreover, the Revenue Collector of Broward County has never filed an answer in the trial court, alleging an…

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