PACE v. PERRY

No. 86-1662.

511 So.2d 740 (1987)

John A. PACE, Etc., Appellant, v. Russell R. PERRY, Appellee.

District Court of Appeal of Florida, Fifth District.

August 27, 1987.


Attorney(s) appearing for the Case

Melvin B. Wright and Michael A. Miller of Walker, Miller & Ketchum, P.A., Orlando, for appellant.

Denise G. Morris of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellee.


ORFINGER, Judge.

The appellee, as plaintiff, filed an action in equity to set aside a money judgment entered against him several years earlier, alleging that service of process had been insufficient to vest the court with in personam jurisdiction. Along with his answer to that complaint, the appellant filed a counterclaim seeking the identical relief which had been sought in the earlier litigation. In the partial summary judgment which is appealed, the trial court...

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