Home/District Court of Appeal of Florida/Hub Financial Corp. v. Olmetti

Hub Financial Corp. v. Olmetti

465 So. 2d 618, 10 Fla. L. Weekly 740
CourtDistrict Court of Appeal of Florida
DecidedMarch 20, 1985
Docket84-628, 84-2510
StatusPublished
Cited by16 cases

This text of 465 So. 2d 618 (Hub Financial Corp. v. Olmetti) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hub Financial Corp. v. Olmetti, 465 So. 2d 618, 10 Fla. L. Weekly 740 (Fla. Ct. App. 1985).

Opinion

465 So.2d 618 (1985)

HUB FINANCIAL CORPORATION and Tony Varca, Appellants,
v.
Daniel OLMETTI and Olmetti Motors, Inc., Appellees.

Nos. 84-628, 84-2510.

District Court of Appeal of Florida, Fourth District.

March 20, 1985.

Edward R. Fink, Fort Lauderdale, for appellants.

Steven S. Saber, Hollywood, for appellees.

*619 PER CURIAM.

We affirm in Appeal No. 84-2510 and reverse in Appeal No. 84-628. Permitting trial counsel to withdraw on the day of trial without granting a continuance to permit appellant to obtain new counsel was an abuse of discretion. This was especially egregious in the case of a corporation which cannot represent itself, but would be error in any event. See Nicholson Supply Co. v. First Federal Savings & Loan Ass'n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); Daytona Migi Corporation v. Daytona Automotive Fiberglass, Inc., 417 So.2d 272 (Fla. 5th DCA 1982).

We also note that neither Mark Varca nor Tony Varca have been properly served with process; therefore, they are not parties to this action and the trial court erred in entering judgment against them. However, inspection of the fourth amended complaint indicates that this point may be moot.

Appeal No. 84-2510. AFFIRMED.

Appeal No. 84-628. REVERSED and REMANDED.

DOWNEY, HERSEY and BARKETT, JJ., concur.

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Bluebook (online)
465 So. 2d 618, 10 Fla. L. Weekly 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hub-financial-corp-v-olmetti-fladistctapp-1985.