Clouette v. Florida Carpet Corp.

40 Fla. Supp. 2d 56
CourtCircuit Court for the Judicial Circuits of Florida
DecidedMarch 15, 1990
DocketCase No. 89-304-AP
StatusPublished

This text of 40 Fla. Supp. 2d 56 (Clouette v. Florida Carpet Corp.) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clouette v. Florida Carpet Corp., 40 Fla. Supp. 2d 56 (Fla. Super. Ct. 1990).

Opinion

OPINION OF THE COURT

BLOOM, J.

The alias summons was properly served. Defendant was then and there put on actual notice of a claim against her. No prejudice was shown. Technical defects are to be disregarded where no prejudice results. See Hotel & Rest, v Lake Buena Vista, 349 So.2d 1217 (Fla. 4th DCA 1977); see also American Hospital of Miami, Inc. v Bateman, 498 So.2d 444 (Fla. 3d DCA 1986), at p. 445:

We reject American’s claim that this hypertechnical defect in the [57]*57summons required the trial court to quash the service. The purpose of service of process is to give a defendant proper notice that it is answerable to a plaintiffs claim, to advise the defendant of the nature of that claim, and to afford the defendant an opportunity to defend against it.

AFFIRMED.

JONES and GREENBAUM, JJ., Concur.

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Related

Hotel & Rest. Etc. v. Lake Buena Vista, Etc.
349 So. 2d 1217 (District Court of Appeal of Florida, 1977)
AMERICAN HOSP. OF MIAMI v. Nateman
498 So. 2d 444 (District Court of Appeal of Florida, 1986)

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Bluebook (online)
40 Fla. Supp. 2d 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clouette-v-florida-carpet-corp-flacirct-1990.