Trial court dismissed case after party failed to appear at status conference. Notice of the status conference, however, was mailed to the wrong address. The dismissed party made a Rule 1.540(b)(4) motion to set aside the judgment as void, which the trial court denied. The Fourth DCA reversed the trial court’s decision: Rule 1.540(b)(4) provides… Read more
DiGiovanni resides in California. BAC Home Loans, the Plaintiff, filed suit against DiGiovanni in Florida and attempted to serve him at his home in California. After several attempts at service were unsuccessful, BAC Home Loans had its process server file an affidavit stating that DiGiovanni was avoiding service and proceeded with service by publication. In response, DiGiovanni’s… Read more
In this child support reduction case, the ex-wife filed a motion to dismiss addressing only the merits of the ex-husband’s complaint. The court denied the motion. A year later, the ex-wife hired another lawyer, who moved to dismiss on the basis of insufficient service of process. The court ordered the ex-husband to serve an amended complaint on… Read more