Clouette v. Florida Carpet Corp.

40 Fla. Supp. 2d 56

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 summons 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.