KINGSWOOD BUILDERS, INC., AND JAMES A. MORGAN, APPELLANTS,
v.
WALL PLUMBING & HEATING CO., INC., AND DELIA D. ELLIOTT, TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF KINGSWOOD BUILDERS, INC., BANKRUPT, APPELLEES
PER CURIAM.
As conceded, the trial court never acquired jurisdiction over the person of the defendant James A. Morgan. Further, and different from plaintiff’s contentions, Morgan preserved his position and did not in anywise waive or submit to the jurisdiction. As a consequence, the final judgment is void as to Morgan and he should be dismissed as a party to this litigation.
None of the remaining appellate points have merit or require discussion.
We reverse as to appellant, James A. Morgan, and remand for further proceedings consistent herewith.
Reversed and remanded.
WALDEN and CROSS, JJ., and POUL-TON, TIMOTHY P., Associate Judge, concur.
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United Cos. Lending Corp. v. Abercrombie, 713 So. 2d 1017 (Fla. 2d DCA 1998)…tal Corp., 489 So. 2d 70 (Fla. 4th DCA 1986) (affirming order setting aside foreclosure sale where abstract company engaged to attend sale failed to docket it, resulting in mortgagee’s non-attendance); Van Delinder v. Albion Realty & Mortgage, Inc., 287 So. 2d 352 (Fla. 3d DCA 1973) (affirming order setting aside foreclosure sale where mortgagor was deprived of opportunity to bid at foreclosure sale by its attorney’s absence). It is understandable that Crane and the circuit court read this court’s opinions i…
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