BAPTIST MEMORIAL HOSPITAL, DEFENDANT AND APPELLANT,
v.
EDITH WELLS AND JOHN WELLS, INDIVIDUALLY AND AS FATHER AND NEXT FRIEND OF JAMES CHADWICK WELLS, A MINOR, PLAINTIFFS AND APPELLEES, DR. ALBERT BALL, DEFENDANT AND APPELLEE
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The Florida Supreme Court held that an unsigned summons is void and cannot be amended after service. The case establishes that a summons must be signed or authenticated by the Clerk to be effective, as the signature gives the document authenticity and constitutes proper issuance under the court rules.
An unsigned summons is void and cannot be amended after service. The Clerk's signature is mandatory to give the summons authenticity and effect. The signature is not merely a formality but an essential requirement for the proper issuance of process.
“In order for a summons to be issued and to be effective as a means by which a party is brought into Court to answer a complaint, it is not only necessary that the forms be filled out giving the necessary information, but after this is done, it must be signed by the issuing officer or his duly authorized deputy in order to give it authenticity.”
Establishes that signature by the Clerk is mandatory for validity of a summons
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Join FLexlaw to unlock all legal intelligencePetitioner Ball was served with an unsigned summons requiring him to answer a complaint. The return of service documented delivery of the unsigned ori…
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PER CURIAM.
The above cause coming on to be heard upon the transcript of the record, the briefs of the parties, and the argument of counsel in open court, and it appearing that the case on appeal presents solely questions of fact which were submitted to the jury by the district court under proper instructions, and it further appearing that the verdict of the jury and the judgment of the court are sustained by the evidence, and the court being duly advised.
Now, therefore, it is ordered, adjudged, and decreed that the judgment of the district court be and is hereby affirmed.