Keithie's Roofing Co. v. Lee Parks Apartments, Inc.

Florida District Courts of Appeal
Keithie's Roofing Co. v. Lee Parks Apartments, Inc., 461 So. 2d 965 (1984)
9 Fla. L. Weekly 2401; 1984 Fla. App. LEXIS 16684
Bark, Dull, Ferguson, Schwartz

Keithie's Roofing Co. v. Lee Parks Apartments, Inc.

Opinion of the Court

PER CURIAM.

The default judgment entered below against the appellant, Keithie’s Roofing Co., on the co-defendant-appellee’s cross-claim was invalid for lack of jurisdiction over the person because Keithie’s was not served with process on the cross-claim as required. Elliott Enterprises, Inc. v. Serota, 436 So.2d 415 (Fla. 3d DCA 1983); Fundaro v. Canadiana Corp., 409 So.2d 1099 (Fla. 4th DCA 1982). Accordingly, the order under review denying Keithie’s motion pursuant to Fla.R.Civ.P. 1.540 to vacate the judgment is reversed and the cause remanded for further proceedings consistent herewith.

Reference

Full Case Name
KEITHIE'S ROOFING CO. INC., a Florida corporation, Keith Wilson, Darrell Wilson, and Keithie's Industrial Home Improvement Company, Inc., a Florida corporation v. LEE PARKS APARTMENTS, INC., a Florida corporation
Cited By
2 cases
Status
Published