Toms v. City of Crystal River

District Court of Appeal of Florida

Toms v. City of Crystal River

609 So. 2d 153, 1992 Fla. App. LEXIS 12232, 1992 WL 355048

CourtDistrict Court of Appeal of Florida

DecidedDecember 4, 1992

DocketNo. 92-623

StatusPublished

This text of 609 So. 2d 153 (Toms v. City of Crystal River) 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.

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Toms v. City of Crystal River, 609 So. 2d 153, 1992 Fla. App. LEXIS 12232, 1992 WL 355048 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We reverse because the record affirmatively shows that the appellee City of Crystal River failed to comply with section 49.-10(l)(a), Florida Statutes (1991), which requires a notice of action to be published once during each week for four consecutive weeks to perfect service of process by publication. On remand, the trial court is directed to vacate the default entered by the Clerk of the Circuit Court against the appellants Harold G. Toms, Jr. and Charlotte Cunningham Toms and to address their previously filed motion to dismiss.

[154]*154REVERSED and REMANDED with directions.

GOSHORN, C.J., and DAUKSCH and HARRIS, JJ., concur.

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PER CURIAM.

We reverse because the record affirmatively shows that the appellee City of Crystal River failed to comply with section 49.-10(l)(a), Florida Statutes (1991), which requires a notice of action to be published once during each week for four consecutive weeks to perfect service of process by publication. On remand, the trial court is directed to vacate the default entered by the Clerk of the Circuit Court against the appellants Harold G. Toms, Jr. and Charlotte Cunningham Toms and to address their previously filed motion to dismiss.

[154]*154REVERSED and REMANDED with directions.

GOSHORN, C.J., and DAUKSCH and HARRIS, JJ., concur.

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609 So. 2d 153, 1992 Fla. App. LEXIS 12232, 1992 WL 355048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toms-v-city-of-crystal-river-fladistctapp-1992.