MILLS CORP. v. AMATO

No. 4D10-2832.

72 So.3d 814 (2011)

The MILLS CORPORATION, d/b/a The Broward Mall, Appellant, v. Maria AMATO and Frank Amato, Appellees.

District Court of Appeal of Florida, Fourth District.

November 2, 2011.


Attorney(s) appearing for the Case

James P. Waczewski of Luks, Santaniello, Perez, Petrillo, Gold & Jones, Tallahassee and Jack D. Luks of Luks, Santaniello, Perez, Petrillo, Gold & Jones, Fort Lauderdale, for appellant.

Mara Shlackman of Law Offices of Mara Shlackman, P.L., Fort Lauderdale, for appellees.


MARX, KRISTA, Associate Judge.

The Mills Corporation, Inc. ("The Mills") challenges the trial court's denial of its motion to set aside default judgment and argues the judgment is void due to improper service. We agree and reverse. Our ruling on this issue renders moot all other issues raised in this appeal.

Maria and Frank Amato, based upon a trip and fall accident at the Broward Mall, filed this personal injury action. On the date of the incident in August...

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