Legal Opinion

Windmill Restaurant Systems, Inc. v. C & W Ltd.

District Court of Appeal of Florida

Decided July 21, 1982No. 81-2405PublishedCited by 3 opinions

1Opinion of the Court

DANAHY, Judge.

The defendants appeal an order denying their motion to set aside a default judgment entered against them in this action. We affirm as to Richard Rolfe, the individual defendant, but reverse as to Windmill Restaurant Systems, Inc., described in the pleadings as a dissolved corporation.

The dissolved corporate defendant may be amenable to a suit against it in its corporate name. § 607.297, Fla.Stat. (1981). The record, however, shows that summons was served only on Richard Rolfe, individually. No summons was issued to nor served upon Windmill Restaurant Systems, Inc. Accordingly,…

2Cases cited1 opinion

  1. Vias Del Austro Compania v. O. E. Miami Corp.District Court of Appeal of Florida · 1982

3Cited by3 opinions

  1. Bay City Management, Inc. v. HendersonDistrict Court of Appeal of Florida · 1988
  2. Ram Coating Tech. v. COURTAULDS COATINGSDistrict Court of Appeal of Florida · 1993
  3. Howard v. FlaxmanCircuit Court for the Judicial Circuits of Florida · 1989

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