Legal Opinion

Clouette v. Florida Carpet Corp.

Circuit Court for the Judicial Circuits of Florida

Decided March 15, 1990No. Case No. 89-304-APPublished

1Opinion of the Court

OPINION OF THE COURT

BLOOM, J.

The alias summons was properly served. Defendant was then and there put on actual notice of a claim against her. No prejudice was shown. Technical defects are to be disregarded where no prejudice results. See Hotel & Rest, v Lake Buena Vista, 349 So.2d 1217 (Fla. 4th DCA 1977); see also American Hospital of Miami, Inc. v Bateman, 498 So.2d 444 (Fla. 3d DCA 1986), at p. 445:

We reject American’s claim that this hypertechnical defect in the *57summons required the trial court to quash the service. The purpose of service of process is to give a defendant proper notice…

2Cases cited2 opinions

  1. Hotel & Rest. Etc. v. Lake Buena Vista, Etc.District Court of Appeal of Florida · 1977
  2. AMERICAN HOSP. OF MIAMI v. NatemanDistrict Court of Appeal of Florida · 1986

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