Legal Opinion
Trevino v. Chadderton
District Court of Appeal of Florida
Decided December 18, 1990No. 90-1170Published
1Per curiam
Connie A. Trevino, cross-plaintiff below, appeals an order setting aside her cross-claim judgment against Harry Chadderton, cross-claim defendant below. We affirm.
The cross-claim at issue here was served on Chadderton by mail, not by summons. Since service was effected prior to January 1, 1989, it was controlled by the 1988 version of Rule 1.170(g), Florida Rules of Civil Procedure. This court had construed the former rule to hold “that cross-claims against co-defendants require service by summons unless, which is not the case here, that requirement is waived.” Elliott Enterprises, Inc. v.…
2Cases cited6 opinions
- Falkner v. AMERIFIRST FEDERAL SAV. AND LOANDistrict Court of Appeal of Florida · 1986
- Acquisition Corp. of Am. v. Am. Cast Iron Pipe Co.District Court of Appeal of Florida · 1989
- In Re Amendments to Rules of Civ. Proc.Supreme Court of Florida · 1988
- Fundaro v. Canadiana Corp.District Court of Appeal of Florida · 1982
- Elliott Enterprises, Inc. v. SerotaDistrict Court of Appeal of Florida · 1983
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