MARGIE M. THOMAS, ETC., ET AL., APPELLANTS,
v.
DELBERT E. THOMAS, APPELLEE

Fla. 5th DCA | 1999-06-04
No. 98-2443
DAUKSCH, W. SHARP, and THOMPSON, JJ„ concur.
737 So. 2d 1129 Florida District Court of Appeal, Fifth District (1999) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Brown v. Griffin, 75 So. 2d 781, 783 (Fla.1954); Cain & Bultman, Inc. v. Miss Sam, Inc., 409 So. 2d 114 (Fla. 5th DCA 1982).

DAUKSCH, W. SHARP, and THOMPSON, JJ„ concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Fla. Dep't OF Revenue ex rel. R.A.E. v. M.L.S., 756 So. 2d 125 (Fla. 2d DCA 2000)
    …nt. Deceit and mutual mistake are simply not bases for relief under rule 1.540(b)(4)-which is limited to “void” judgments. Generally, a void judgment is one entered without jurisdiction or without proper notice. See Auto-Owners Ins. Co. v. Cannella, 737 So. 2d 1129 (Fla. 2d DCA 1999); Greisel v. Gregg, 733 So. 2d 1119 (Fla. 5th DCA 1999). There is no allegation or evidence which would support a finding that the order of support was void. Mistake is a basis for relief in rule 1.540(b)(1) and fraud is contained…
  • …that "service of process was improperly made upon the registered agent of the dissolved corporation,” indicating that the summons identified Ms. Mock’s representative capacity on behalf of the dissolved corporation. Auto-Owners Ins. Co. v. Cannella, 737 So. 2d 1129, 1130 (Fla. 2d DCA 1999). . In McLendon v. Smith, 589 So. 2d 410 (Fla. 5th DCA 1991), a summons was served on Ms. McLendon in her individual capacity, but that was found to be insufficient to establish jurisdiction over her as personal representati…
  • Cannella v. Auto-Owners Ins. Co., 801 So. 2d 94 (Fla. 2001)
    …eration of the petitioners’ motion for rehearing, rehearing is granted. The opinion issued in this case on July 13, 2000, is withdrawn, and the following opinion is substituted in its place. We have for review Auto-Owners Insurance Co. v. Cannella, 737 So. 2d 1129 (Fla.2d DCA 1999), which expressly and directly conflicts with the opinions in Liszka v. Silverado Steak & Seafood Co., 703 So. 2d 1226 (Fla. 5th DCA 1998), and Wong v. [*96] Gonzalez & Kennedy, Inc., 719 So. 2d 937 (Fla. 4th DCA 1998), review dismi…

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