WILLIA MAE BOYD, APPELLANT,
v.
BANC ONE MORTGAGE CORP., APPELLEE

Fla. 3d DCA | 1986-05-13
No. 86-142
Before SCHWARTZ, C.J., BASKIN and JORGENSON, JJ.
488 So. 2d 155 Florida District Court of Appeal, Third District (1986) Caution
Cited by 1 case

Opinion of the Court
PER CURIAM.

[*156] PER CURIAM.

The default entered by the trial court against the appellant Boyd is reversed because of the absence of service upon her. Contrary to the appellee’s position, we find that none of the activities of Ms. Boyd’s counsel constituted a submission to the jurisdiction of the court. See Public Gas Co. v. Weatherhead Co., 409 So. 2d 1028 (Fla.1982), aff’g, Weatherhead Co. v. Coletti, 392 So. 2d 1342 (Fla. 3d DCA 1980); Paulson v. Faas, 171 So. 2d 9 (Fla. 3d DCA 1965).

Reversed.


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  • …an appearance after the entry of default cannot validate what would otherwise be a void judgment due to improper service of process. We disagree with both of appellant’s aforementioned claims. As distinguished from Boyd v. Banc One Mortgage Corp., 488 So. 2d 155 (Fla.3d DCA 1986), where the Third District Court of Appeal summarily found that none of the activities of Ms. Boyd’s counsel constituted a submission to the jurisdiction of the trial court, appellant in the case at bar argued the merits of his case…

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