Alon Blum v. Timothy Lillis, etc.
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Opinion
Third District Court of Appeal State of Florida
Opinion filed January 17, 2024.
________________
No. 3D23-0413 Lower Tribunal No. 22-18876 ________________
Alon Blum, Appellant,
vs.
Timothy Lillis, etc., Appellee.
An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Jose M. Rodriguez, Judge.
Luks, Santaniello, Petrillo, Cohen & Peterfriend, and Daniel S. Weinger, Jack Garwood, and Luis Menendez-Aponte, for appellant.
Leto Law Firm, and Matthew P. Leto, for appellee.
Before SCALES, HENDON, and MILLER, JJ.
ON CONFESSION OF ERROR
PER CURIAM. Based on the appellee’s proper confession of error, we reverse the
nonfinal Order Denying Defendant’s Motion to Dismiss for Failure to Make
Timely Service. See Monaco v. Nealon, 810 So. 2d 1084, 1086 (Fla. 4th
DCA 2002) (“Failure to timely file an affidavit of compliance alone warrants
quashing of the substituted service.”). Further, we remand for further
proceedings to allow the appellee to effectuate service of process over the
appellant.
Reversed and remanded.
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