Legal Opinion
Chancelor v. BWC Investments
District Court of Appeal of Florida
Decided March 30, 2011No. 4D09-4626PublishedCited by 2 opinions
1Opinion of the CourtStevenson, J.
Marc and Marlon Chancelor appeal an order denying their Rule 1.540(b) motion to vacate the final judgment entered against them. The appellants assert, as they did in their motion, that the judgment was void as to them because they were never properly served with the summons and complaint. We find merit in their argument and reverse.
In 2005 and 2006, BWC Investments and Brian Calvert were involved in litigation arising out of a real estate deal; Marc and Marlon Chancelor and their father, James Chancelor, were among the defendants in the litigation. The litigation terminated with a settlement…
2Cases cited7 opinions
- Shurman v. Atlantic Mortg. & Inv. Corp.Supreme Court of Florida · 2001
- State Ex Rel. Merritt v. HeffernanSupreme Court of Florida · 1940
- Gonzalez v. TotalbankDistrict Court of Appeal of Florida · 1985
- Mendelsund v. Southern-Aire Coats of Florida, Inc.District Court of Appeal of Florida · 1968
- Miller v. PreeferDistrict Court of Appeal of Florida · 2009
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3Cited by2 opinions
- Bank of America, N.A. v. LaneDistrict Court of Appeal of Florida · 2011
- Horton v. HortonDistrict Court of Appeal of Florida · 2015