Legal Opinion

Diaz v. First Capital Corp.

District Court of Appeal of Florida

Decided November 15, 2000No. 3D00-844PublishedCited by 1 opinion

1Opinion of the Court

RAMIREZ, Judge.

Maria Diaz, a defendant below, raises two issues in this interlocutory appeal. She contends that the trial court erred in its denial of her motion to dismiss because she was improperly served with process and the complaint with which she was served was subject to dismissal because it had been improperly amended without leave of court. We reverse.

First Capital Corporation filed a complaint against N. Fuentes Bros. Corporation, Nicolas L. Fuentes, and Faustina C. Fuentes for breach of a promissory note and personal guarantees. Initially, Maria Diaz was not named as a defendant.…

2Cases cited6 opinions

  1. Keith C. Moore v. State of Indiana, Indiana Department of Corrections and Thomas D. RichardsCourt of Appeals for the Seventh Circuit · 1993
  2. Cooper v. ShumwayCourt of Appeals for the Tenth Circuit · 1985
  3. Totura & Co., Inc. v. WilliamsSupreme Court of Florida · 2000
  4. Stokes v. BellSupreme Court of Florida · 1983
  5. Francini v. INTERN. MARBLE TRADES, INC.District Court of Appeal of Florida · 1989

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

3Cited by1 opinion

  1. ALFRED BARR v. SHAINA THORPE, ESQ.District Court of Appeal of Florida · 2019

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