ARDT v. AMERICA'S SENIOR FINANCIAL SERVICES, INC.

No. 4D03-3716.

885 So.2d 918 (2004)

Ronald ARDT, AIM Securities, Inc., and AIM Financial Advisors, Inc., Appellants, v. AMERICA'S SENIOR FINANCIAL SERVICES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 23, 2004.


Attorney(s) appearing for the Case

Andrew S. Goldwyn of Paley & Goldwyn, P.L., Deerfield Beach, for appellants.

Gary Barcus, Pembroke Pines, for appellee.


KLEIN, J.

Appellant defendants were served in Texas under section 48.181, Florida Statutes (2003), by substituted service on the Florida Secretary of State. After they failed to answer, a default judgment was entered, which they moved to set aside under rule 1.540(b), asserting that the judgment is void for insufficient service of process and lack of notice. We reverse the denial of their motion.

Plaintiff attempted to serve defendants through the Dallas County...

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