MELVIN OUTLER AND MARTHA OUTLER, HIS WIFE, APPELLANTS,
v.
HYMAN BERMAN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court did not err in vacating a default judgment because there was sufficient evidence to support a finding of ineffective service of process, rendering the judgment void ab initio.
Plaintiffs obtained a default judgment against defendant Hyman Berman. The trial court later vacated this judgment upon finding ineffective service of…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Substituted Service Of Process cases and more on FLexlaw
This appeal is from a trial court order that set aside and vacated a final judgment which had been rendered on the basis of a prior default judgment.
The trial court, after hearing, determined that there was ineffective service of process on the defendant Hyman Berman. Based on its finding of ineffective service of process, the trial court found that it lacked jurisdiction over the person of the defendant Berman and ruled that the final judgment which it had previously rendered was void ab initio. Plaintiffs appeal from that order.
An examination of the record on appeal reflects that service of process was attempted on the defendant Hyman Berman pursuant to § 47.13, Fla.Stat., now § 48.031, Fla.Stat., F.S.A.
There was substantial, competent evidence upon which the trial judge could find that the usual place of abode of the defendant was in Van Nuys, California at the time that substituted service of process was attempted upon him in this action. See State ex rel. Merritt v. Heffernan, 142 Fla. 496, 195 So. 145 (1940).
Generally, a judgment that is void because of a lack of jurisdiction over a defendant may be set aside or vacated at any time. Gay v. McCaughan, Fla.1958, 105 So.2d 771; Sawyer v. State, 94 Fla. 60, 113 So. 736 (1927); and Rule 1.540(b) (4), “RCP”, 31 F.S.A. See also McIntosh v. Wibbeler, Fla.1958, 106 So.2d 195. We find that there was sufficient, competent evidence in the record and reasonable inferences therefrom which support the *725chancellor’s findings. See Goldstein v. Pettinger, Fla.App.1966, 183 So.2d 740.
The order herein appealed is, therefore,
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Balding v. Fleisher, 279 So. 2d 883 (Fla. 3d DCA 1973)…be “null and void”. Moreover, we have previously held that failure to effectuate proper service on a defendant, and a default judgment entered thereon, is a void judgment and may be set aside or vacated at any time. Outler v. Berman, Fla.App. 1970, 234 So. 2d 724. Once it is established that the judgment rendered against the appellant husband was void, the only valid judgment remaining was against the appellant wife. It is well established in Florida law that property held as a tenancy by the entireties can…
-
DEL Conte Enters., Inc. v. Thomas Publ'g Co., 711 So. 2d 1268 (Fla. 3d DCA 1998)…e. See DeClaire v. Yohanan, 453 So. 2d 375 (Fla.1984); Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995); Falkner, 489 So. 2d at 758; Whigham v. Whigham, 464 So. 2d 674, 676 (Fla. 5th DCA), review denied, 475 So. 2d 696 (Fla.1985); Outler v. Berman 234 So. 2d 724 (Fla. 3d DCA 1970). Thus, the fact the appellant moved to vacate over one year after the entry of judgment is irrelevant. See Polani v. Payne for Use and Benefit of Prudential Property & Cas. Ins. Co., 654 So. 2d 202 (Fla. 4th DCA 1995)(granting rel…
-
Barnett v. Barnett, 787 So. 2d 946 (Fla. 2d DCA 2001)…a dissolution judgment as void and in failing to enter an appropriate order vacating the [*947] same, because a void judgment can be attacked and vacated at any time. Dep’t of Revenue v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998); Outler v. Berman, 234 So. 2d 724 (Fla. 3d DCA 1970). Accordingly, this cause is reversed and remanded to the trial court with directions to enter an appropriate order vacating the 1996 Florida judgment of marital dissolution as void. Orders relating to the custodial responsibilit…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State ex rel. King Merritt v. The Honorable David J. Heffernan, 142 Fla. 496 (Fla. 1940)
- Sawyer v. State, 94 Fla. 60 (Fla. 1927)
- Inez Stengel GAY v. McCAUGHAN, 105 So. 2d 771 (Fla. 1958)
- McINTOSH v. Wibbeler, 106 So. 2d 195 (Fla. 1958)
- Goldstein v. Pettinger, 183 So. 2d 740 (Fla. 3d DCA 1966)
- The Citizens & S. Nat'l Bank v. Hare, 183 So. 2d 740 (Fla. 1st DCA 1966)