Applestein v. Alberring

291 So.2d 206 (1974)

Allan H. APPLESTEIN, Appellant,

v.

Albert H. ALBERRING, Appellee.

No. 73-932.

District Court of Appeal of Florida, Third District.

March 12, 1974.

Diaz-Asper, Katzen, Chulock & Thompson, South Miami, for appellant.

Fowler, White, Humkey, Burnett, Hurley & Banick; Bernard S. Yedlin, Miami, for appellee.

Before CARROLL, HENDRY AND HAVERFIELD, JJ.

Defendant-appellant seeks review of a nunc pro tunc order dismissing his counterclaim with prejudice.

Plaintiff, employed as a process server by Dade County, Florida, alleged that while attempting service of process upon the…