Florida District Courts of Appeal, 1985

Hub Financial Corp. v. Olmetti

Florida District Courts of Appeal · Decided March 20, 1985 · Per Curiam

465 So. 2d 618; 10 Fla. L. Weekly 740 (Southern Reporter, Second Series)

Cases that cite this one

16 later published cases cite this decision.

TELEPO. COMMUNICATIONS, INC. v. LTI Vehicle Leasing Corp. (Fla. Dist. Ct. App. 1995)
Alter v. Alter (Fla. Dist. Ct. App. 1985)
Eric Lamaze v. Lorna M. Guthrie (Fla. Dist. Ct. App. 2025)
YACHT ASSIST, INC. v. CRP LMC PROP CO LLC (Fla. Dist. Ct. App. 2022)
National City Bank v. White (Fla. Dist. Ct. App. 2013)
Strader v. Zeide (Fla. Dist. Ct. App. 2001)
Baron Auctioneer, Inc. v. Ball (Fla. Dist. Ct. App. 1996)
Dunker v. Calkins (Fla. Dist. Ct. App. 1996)
Buscemi v. 6060 Realty Corp. (Fla. Dist. Ct. App. 1995)
Pharmafax, Inc. v. Mike Segal, P.A. (Fla. Dist. Ct. App. 1995)
Sacco v. Slavin (Fla. Dist. Ct. App. 1994)
Castellanos v. K-Mart Store (Fla. Dist. Ct. App. 1994)
Abuznaid v. Sirhal (Fla. Dist. Ct. App. 1994)
Castle Club Corp. v. Liberty Intern., Inc. (Fla. Dist. Ct. App. 1992)
Richter v. Higdon Homes, Inc. (Fla. Dist. Ct. App. 1989)
A1A Waterproofing & Insulation, Inc. v. Ross (Florida Circuit Courts 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

465 So.2d 618 (1985)

HUB FINANCIAL CORPORATION and Tony Varca, Appellants,
v.
Daniel OLMETTI and Olmetti Motors, Inc., Appellees.

Nos. 84-628, 84-2510.

District Court of Appeal of Florida, Fourth District.

March 20, 1985.

Edward R. Fink, Fort Lauderdale, for appellants.

Steven S. Saber, Hollywood, for appellees.

*619 PER CURIAM.

We affirm in Appeal No. 84-2510 and reverse in Appeal No. 84-628. Permitting trial counsel to withdraw on the day of trial without granting a continuance to permit appellant to obtain new counsel was an abuse of discretion. This was especially egregious in the case of a corporation which cannot represent itself, but would be error in any event. See Nicholson Supply Co. v. First Federal Savings & Loan Ass'n of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966); Daytona Migi Corporation v. Daytona Automotive Fiberglass, Inc., 417 So.2d 272 (Fla. 5th DCA 1982).

We also note that neither Mark Varca nor Tony Varca have been properly served with process; therefore, they are not parties to this action and the trial court erred in entering judgment against them. However, inspection of the fourth amended complaint indicates that this point may be moot.

Appeal No. 84-2510. AFFIRMED.

Appeal No. 84-628. REVERSED and REMANDED.

DOWNEY, HERSEY and BARKETT, JJ., concur.

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