Drake v. Public Health Trust of Dade County

Appellant, the defendant below, appeals from a trial court Order denying his Motion to Dismiss for Insufficiency of Service of Process and to Quash Service of Process, and from a concurrent Order of Default and Default Final Judgment. We reverse the Default Judgment, but affirm the Order denying appellant’s Motion to Dismiss and to Quash Service.

Based on the fact that the appellant filed a response to the Complaint prior to the hearing on the Plaintiffs Motion for Default, both the Default against the appellant and the Default Final Judgment were improvidently granted. See Fla. R. Civ. P.…