Williams v. Cadlerock Joint Venture LP

In Williams v. Cadlerock Joint Venture LP, 980 So.2d 1241 (Fla. 4th DCA 2008), we held that Cadlerock had not served initial process on defendant and consequently that its New York default judgment against him could not be enforced. The record had disclosed that defendant was a male but the return on purported service showed that the agent had served a woman in New York with the same name.

That very pertinent fact had been previously revealed to Cadlerock in the trial court by defendant’s affidavit attesting that he was in fact a man living in Florida and not a woman living in New York. He had…