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LENNAR HOMES v. GABB CONST. SERVICES

No. 94-3057.

654 So.2d 649 (1995)

LENNAR HOMES, INC., a Florida corporation, Appellant, v. GABB CONSTRUCTION SERVICES, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 10, 1995.

Attorney(s) appearing for the Case

George, Hartz, Lundeen, Flagg & Fulmer and Esther E. Galicia and Peter K. Spillis, for appellant.

Parenti, Falk, Waas, and Frazier and Scott E. Solomon, for appellee.

Before HUBBART, LEVY, and GODERICH, JJ.

PER CURIAM.

A third party plaintiff appeals a non-final order granting a third party defendant's motion to quash service of process. See Fla. R.App.P. 9.130(a)(3)(C)(i). We reverse because we find that the third party defendant waived its right to contest the validity of service of process.

The underlying action arose when the plaintiff in the underlying cause, Wesley Edwards, filed a negligence complaint against the defendant/appellant, Lennar Homes...

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