AMIR AVITAN v. LABRADOR & FUNDORA, CORPORATION, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledMay 27, 2020
Docket3D19-1864
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 27, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1864
Lower Tribunal No. 17-2811
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Amir Avitan,
Appellant,
vs.
Labrador & Fundora, Corp., etc.,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Alexander Bokor, Judge.
Amir Avitan, in proper person.
Dennis A. Donet, P.A., and Dennis A. Donet, for appellee.
Before SALTER, LOGUE, and LOBREE, JJ.
PER CURIAM.
Affirmed. Cannella v. Auto-Owners, Ins. Co., 801 So. 2d 94, 99-100 (Fla. 2001)
(concluding the judgment was merely voidable for irregular service because service
placed the defendant on notice and, therefore, defendant’s challenge was not timely);
Decker v. Kaplus, 763 So. 2d 1229, 1230 (Fla. 5th DCA 2000) (“[S]ervice was irregular,
but conveyed actual notice. . . . The final judgment was rendered voidable” meaning
defendants “had one year after the final judgment was entered to move to set aside the
judgment pursuant to Florida Rule of Civil Procedure 1.540(b).”); Craven v. J.M.
Fields, Inc., 226 So. 2d 407, 410 (Fla. 4th DCA 1969) (“The initial return in the instant
case was irregular but the service was sufficient to put the defendant on notice . . . . A
party complaining of an irregular service or return is required to move diligently to
effectuate those remedies available to him by our rules of civil procedure lest he suffer
the consequences.”).
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