Decker v. Kaplus
Florida District Court of Appeal
763 So. 2d 1229 (2000)
- Written by Liz Nakamura, JD
Facts
Robert Kaplus (defendant) filed a lawsuit against Daniel and Angela Decker (plaintiffs) in Orange County, which was part of Florida’s Ninth Judicial Circuit. The summons was served on the Deckers by a process server in Lake County, which was part of Florida’s Fifth Judicial Circuit. The service-of-process on the Deckers was defective because, under Florida law in effect at the time of service, absent special authorization, process servers could only serve process in the same circuit in which the action was filed. A default judgment was entered against the Deckers. Two-and-a-half years later, the Deckers petitioned to have the default judgment set aside. The trial court denied the Deckers’ petition, holding that the one-year statute of limitations to challenge a judgment based on defective service-of-process had expired. The Deckers appealed.
Rule of Law
Issue
Holding and Reasoning (Peterson, J.)
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