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DEMARS v. VILLAGE OR SANDALWOOD LAKES

No. 91-3504.

625 So.2d 1219 (1993)

Mark H. DEMARS, Appellant, v. VILLAGE of SANDALWOOD LAKES Homeowners ASSOCIATION, INC. and Gaetan J. Gagne, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

April 7, 1993.

Attorney(s) appearing for the Case

Robert L. Saylor of Robert L. Saylor, P.A., West Palm Beach, for appellant.

Edward Dicker of St. John & King, West Palm Beach, for appellee — Village of Sandalwood Lakes Homeowner's Ass'n, Inc.

Annette Friedman of the Law Offices of Annette Friedman, P.A., Boca Raton, for appellee — Gaetan J. Gagne, Inc.

Charles R. Gardner of Gardner, Shelfer, Duggar & Bist, P.A., Tallahassee, for amicus curiae — The Real Property, Probate and Trust Law Section of the Florida Bar.

ON MOTIONS FOR REHEARING

WARNER, Judge.

On motion for rehearing we allowed the Real Property Probate and Trust Law Section of the Florida Bar to file an amicus brief addressing the question of whether a judgment is void (not merely voidable) when jurisdiction is based on a "bare bones" affidavit for constructive service. Our original opinion declared that such a judgment was void. We now conclude that we were in error. We grant rehearing and withdraw our...

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