Fein v. Pinnacle Investments & Consulting Group, Inc.
Fein v. Pinnacle Investments & Consulting Group, Inc.
Opinion of the Court
Bud Fein appeals a personal judgment entered against him in the amount of $80,000. Because Fein was not properly served with process in the underlying case, the judgment is void.
Fein is a former partner of the general partnership, Fein & Walker (“the partnership”). The partnership, through its gen
Irrespective of the notice issue, the final judgment entered against Fein is void because he was never individually served with process, so he was not a party to the underlying case. “‘A judgment entered ■without service of process is void.’ ” M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So.2d 1079, 1081 (Fla. 4th DCA 2000) (quoting Kennedy v. Richmond, 512 So.2d 1129, 1130 (Fla. 4th DCA 1987)). Additionally, a judgment entered against partners, in their individual capacity, is only given effect as to the partners actually served. See Kennedy v. Richmond, 512 So.2d 1129, 1130 (Fla. 4th DCA 1987). To allow the instant final judgment to stand would violate basic principles of due process. As such, the personal judgment against Fein, individually, is void.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.