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VARGAS v. CRUISE SHIP CATERING AND SERVICE

No. 3D00-2783.

789 So.2d 548 (2001)

Victor VARGAS, Appellant, v. CRUISE SHIP CATERING AND SERVICE Caribbean N.V. "CSCS", Cruise Ship Catering and Service International N.V., and Costa Crociere, Appellees.

District Court of Appeal of Florida, Third District.

July 25, 2001.

Attorney(s) appearing for the Case

J.H. Zidell, for appellant.

Horr, Novak & Skipp and David J. Horr and Stephanie H. Wylie, Miami, for appellees.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.

PER CURIAM.

We find no error in the conclusion below that the defendants Cruise Ship Catering and Service International N.V. and Costa Crociere did not waive their now-admittedly valid insufficiency of process claims, see Fla.R.Civ.P. 1.140(h)(1), and therefore affirm the judgment entered in their behalf below.

However, the summary judgment for Cruise Ship Catering and Service Caribbean N.V. is reversed for trial because the record raises a genuine issue as...

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