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Palamara v. World Class Yachts, Inc.

District Court of Appeal of Florida, Fourth District
Sep 4, 2002
824 So. 2d 194 (Fla. Dist. Ct. App. 2002)

Summary

holding that defendant had been "personally served" when process server left process on defendant's door

Summary of this case from Coffin v. Brandau

Opinion

No. 4D01-3260.

May 29, 2002. Rehearing Denied September 4, 2002.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Leroy H. Moe, J.

James E. Brown, Jr. of Brown, Sharkey Associates, P.A., Pompano Beach, for appellant.

Ronald Payne, Fort Lauderdale, for appellee.


Appellant seeks review of a non-final order denying his motion to set aside a default. Although an order denying a motion to vacate a non-final order of default is not appealable, Tieche v. Fla. Physicians Ins. Reciprocal, 431 So.2d 287 (Fla. 5th DCA 1983), appellant asserts an argument that the court did not have jurisdiction over him because he was not properly served with notice. We address only that issue.

The trial court found that appellant had attempted to evade service by running away from the process server. There was evidence showing that, as the server attempted to serve appellant outside his place of business, appellant ran inside and would not come out. In addition, testimony showed that appellant was informed of the contents of the notice, that the notice was placed on the door through which appellant later came out, and that the appellant had picked the papers up. This evidence was sufficient to support the finding that appellant had been personally served. Olin Corp. v. Haney, 245 So.2d 669 (Fla. 4th DCA 1971); Liberman v. Commercial Nat'l Bank of Broward County, 256 So.2d 63 (Fla. 4th DCA 1971).

We do not, as we indicated earlier, have jurisdiction to review any of the other issues concerning the non-final order of default. Tieche. Affirmed.

FARMER, KLEIN and MAY, JJ., concur.


Summaries of

Palamara v. World Class Yachts, Inc.

District Court of Appeal of Florida, Fourth District
Sep 4, 2002
824 So. 2d 194 (Fla. Dist. Ct. App. 2002)

holding that defendant had been "personally served" when process server left process on defendant's door

Summary of this case from Coffin v. Brandau

upholding a default judgment when the server attempted to serve appellant outside his place of business, appellant ran inside and would not come out, appellant was informed of the contents of the notice, the notice was placed on the door through which appellant later came out, and appellant later retrieved the papers

Summary of this case from U.S. S.E.C. v. Reinhard

In Palamara v. World Class Yachts, Inc., 824 So. 2d 194, 194-95 (Fla. App. 2002), the Florida appeals court stated: "The trial court found that appellant had attempted to evade service by running away from the process server.

Summary of this case from Bove v. Bove
Case details for

Palamara v. World Class Yachts, Inc.

Case Details

Full title:Ron PALAMARA, Appellant, v. WORLD CLASS YACHTS, INC., Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 4, 2002

Citations

824 So. 2d 194 (Fla. Dist. Ct. App. 2002)

Citing Cases

Coffin v. Brandau

The cases cited did not involve a restraining order for repeat violence. See Top Dollar Pawn Too, Inc. v.…

U.S. S.E.C. v. Reinhard

Where, as here, the person to be served answers the door and then retreats into his residence, only to find…