Legal Opinion

Outler v. Berman

District Court of Appeal of Florida

Decided April 28, 1970No. 69-822PublishedCited by 5 opinions

1Per curiam

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…

2Cases cited5 opinions

  1. Sawyer v. State of FloridaSupreme Court of Florida · 1927
  2. State Ex Rel. Merritt v. HeffernanSupreme Court of Florida · 1940
  3. Gay v. McCaughanSupreme Court of Florida · 1958
  4. McIntosh v. WibbelerSupreme Court of Florida · 1958
  5. Goldstein v. PettingerDistrict Court of Appeal of Florida · 1966

3Cited by5 opinions

  1. Balding v. FleisherDistrict Court of Appeal of Florida · 1973
  2. Del Conte Enterprises, Inc. v. Thomas Pub. Co.District Court of Appeal of Florida · 1998
  3. Upshaw v. Dade CountyDistrict Court of Appeal of Florida · 1971
  4. Clement v. Chemical BankDistrict Court of Appeal of Florida · 1982
  5. Outler v. BermanSupreme Court of Florida · 1970

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