SCHNEIDERMAN v. CANTOR

No. 88-1542.

546 So.2d 51 (1989)

Lee SCHNEIDERMAN, Appellant, v. Jay CANTOR, Larry Ritter, People's Equity Mortgage, Inc., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 7, 1989.


Attorney(s) appearing for the Case

Randy R. Freedman of Freedman & McClosky, Fort Lauderdale, for appellant.

Andrew S. Berman of Young, Stern & Tannenbaum, P.A., North Miami Beach, for appellees.


GARRETT, Judge.

AFFIRMED. We address whether failure to make timely objection when a case is dormant due to invalid service will allow entry of a final default judgment against the improperly served party.

On August 24, 1987, appellant was served in New Jersey. The affidavit of service filed on October 1, 1987 failed to note the time when the process came into hand and the time it was executed. Both are statutory requirements of a proper return of execution...

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