Legal Opinion

Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C.

District Court of Appeal of Florida

Decided December 2, 2011No. 1D11-1594PublishedCited by 2 opinions

1Per curiam

Twin Oaks Villas, Ltd., appeals a nonfi-nal order denying its motion to set aside a default final judgment on the ground that Joel D. Smith, L.L.C. failed to effect service of process, rendering the final judgment void under Florida Rule of Civil Procedure 1.540(b). We reverse, having concluded that the subcontractor’s single attempt to personally serve Twin Oaks at its Cocoa Beach address did not amount to reasonable diligence under the circumstances. See Hudson v. Pioneer Fed. Savs. & Loan Ass’n, 516 So.2d 339, 340 (Fla. 1st DCA 1987) (on review of a circuit court’s determination that a…

2Cases cited6 opinions

  1. Palm Beach County Canvassing Bd. v. HarrisSupreme Court of Florida · 2000
  2. Giron v. Ugly Mortgage, Inc.District Court of Appeal of Florida · 2006
  3. Grammer v. GrammerSupreme Court of Florida · 1955
  4. All Mobile Video, Inc. v. WhitenerDistrict Court of Appeal of Florida · 2000
  5. 1321 Whitfield, LLC v. SilvermanDistrict Court of Appeal of Florida · 2011

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Florida Department of Health v. Kenneth Woliner, M.D.District Court of Appeal of Florida · 2024
  2. L. Anton Rebalko v. Ihab Atallah and Jessica AtallahDistrict Court of Appeal of Florida · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API