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BROWARD COUNTY v. RECUPERO

No. 4D04-2575.

908 So.2d 520 (2005)

BROWARD COUNTY, a political subdivision of the State of Florida, Appellant, v. Andrew RECUPERO, as personal representative of the Estate of Theresa Colangelo; Andrew Recupero, individually, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 24, 2005.

Attorney(s) appearing for the Case

Sharon L. Cruz, Interim Broward County Attorney, Andrew L. Meyers, Chief Appellate Counsel, and James D. Rowlee, Assistant County Attorney, Fort Lauderdale, for appellant.

Stuart J. Mac Iver of Doumar, Allsworth, Cross, Laystrom, Voigt, Wachs, Mac Iver & Adair, LLP, Fort Lauderdale, for Appellee-Andrew Recupero.

PER CURIAM.

We reverse a summary final judgment dismissing the county's lien foreclosure and remand for further proceedings.

The record reflects that any defect in notice was waived by Appellee's appearance and participation in the administrative hearing. We note that there was no indication that Appellee was making a limited special appearance.

STONE and MAY, JJ., concur.

FARMER, C.J., dissents without...

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