WINDELL v. DORR

No. BJ-315.

497 So.2d 940 (1986)

David V. WINDELL, Appellant, v. Jack E. DORR, Appellee.

District Court of Appeal of Florida, First District.

November 13, 1986.


Attorney(s) appearing for the Case

Roy L. Beach, Jacksonville, for appellant.

Michael V. Mattson, of Simpson & Mattson, Jacksonville, for appellee.


BARFIELD, Judge.

Following the entry of a default judgment against him as defendant below, appellant filed a motion to dismiss the complaint, contending lack of jurisdiction over him or the subject matter of the suit. We find the trial judge erred in dismissing the motion as being untimely filed. When properly considered in the procedural context, the substance of the motion was to challenge the judgment as void for lack of jurisdiction. Such a motion may be properly...

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