West International, Inc. v. Peerless Developers, LLC

916 So. 2d 50, 2005 Fla. App. LEXIS 19226, 2005 WL 3303946
District Court of Appeal of Florida·Decided December 7, 2005·No. No. 3D05-439·Published

Opinion

PER CURIAM.

Affirmed. See Klinger v. Milton Holding Co., 136 Fla. 50, 71, 186 So. 526, 535 (1939)(“the affidavit and service by publication being valid and sufficient on the face [51] of the record, the final decree and the action taken thereunder were not absolutely void but merely voidable.”); Reina v. Barnett Bank, N.A., 766 So.2d 290, 292 (Fla. 4th DCA 2000)(“failure to strictly comply with the applicable service of process statutes renders a subsequent judgment voidable.” (footnote omitted)); See Se. & Assocs., Inc. v. Fox Run Homeowners Ass’n, Inc., 704 So.2d 694, 696 (Fla. 4th DCA 1997)(“a factually insufficient affidavit rendered a judgment entered in reliance on it voidable, not void.”) (citing Demars v. Village of Sandalwood Lakes Homeowners Assoc., Inc., 625 So.2d 1219 (Fla. 4th DCA 1993)).

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West International, Inc. v. Peerless Developers, LLC, 916 So. 2d 50, 2005 Fla. App. LEXIS 19226, 2005 WL 3303946 (Fla. Ct. App. 2005).

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Related

Demars v. VILLAGE OR SANDALWOOD LAKES
625 So. 2d 1219 (District Court of Appeal of Florida, 1993)
Reina v. Barnett Bank, NA
766 So. 2d 290 (District Court of Appeal of Florida, 2000)
Southeast and Associates, Inc. v. Fox Run Homeowners Ass'n, Inc.
704 So. 2d 694 (District Court of Appeal of Florida, 1997)
Klinger v. Milton Holding Co.
186 So. 526 (Supreme Court of Florida, 1938)