XAUN U. FLETCHER
v.
CINDY H. BHANGARI, ET AL.
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A defendant who fails to contest the sufficiency of service of process at the inception of the case, whether by motion or responsive pleading, waives this defense once he or she has entered a general appearance.
[1] A defendant waives the defense of insufficient service of process by failing to contest it at the inception of the case, whether by motion or responsive pleading, once th…
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Join FLexlaw to unlock all legal intelligence“A defendant who fails to contest the sufficiency of service of process at the inception of the case, whether by motion or responsive pleading, has waived this defense once he or she has entered a general appearance.”
Court's statement of applicable law from Lennar Homes, Inc. v. Gabb Const. Servs., Inc., 654 So. 2d 649, 651 (Fla. 3d DCA 1995)
Xaun U. Fletcher appealed from a County Court decision in Miami-Dade County. The appeal involved a question of whether service of process was properly…
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Third District Court of Appeal State of Florida
Opinion filed May 20, 2026. Not final until disposition of timely filed motion for rehearing.
Nos. 3D25-2023 Lower Tribunal No. 24-154515-SP-05
Xaun U. Fletcher, Appellant,
vs.
Cindy H. Bhangari, Appellee.
An Appeal from the County Court for Miami-Dade County, Eleane Sosa-Bruzón, Judge.
Xaun U. Fletcher, in proper person.
No appearance, for appellee.
Before FERNANDEZ, GORDO and GOODEN, JJ.
PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.140(b); Lennar Homes, Inc. v. Gabb Const. Servs., Inc., 654 So. 2d 649, 651 (Fla. 3d DCA 1995) (“A defendant
who fails to contest the sufficiency of service of process at the inception of the case, whether by motion or responsive pleading, has waived this defense once he or she has entered a general appearance.").
2
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Citator
Authorities Cited
- Lennar Homes, Inc. v. Gabb Constr. Servs., Inc., 654 So. 2d 649 (Fla. 3d DCA 1995)