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Palamara v. WORLD CLASS YACHTS INC.

Palamara v. World Class Yachts Inc., 824 So. 2d 194 (Fla. Dist. Ct. App. 2002)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
May 29, 2002
Docket
No. 4D01-3260
Judges
Per Curiam
Citations
824 So. 2d 1942002 WL 1059719
Cited by 8 4 descriptions by later courts

Opinion — Per Curiam

824 So.2d 194 (2002)

Ron PALAMARA, Appellant,

v.

WORLD CLASS YACHTS, INC., Appellee.

No. 4D01-3260.

District Court of Appeal of Florida, Fourth District.

May 29, 2002. Rehearing Denied September 4, 2002.

James E. Brown, Jr. of Brown, Sharkey & Associates, P.A., Pompano Beach, for appellant.

Ronald Payne, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant seeks review of a non-final order denying his motion to set aside a default. Although an order denying a motion to vacate a non-final order of default is not appealable, Tieche v. Fla. Physicians Ins. Reciprocal, 431 So.2d 287 (Fla. 5th DCA 1983), appellant asserts an argument that the court did not have jurisdiction over him because he was not properly served with notice. We address only that issue.

The trial court found that appellant had attempted to evade service by running *195 away from the process server. There was evidence showing that, as the server attempted to serve appellant outside his place of business, appellant ran inside and would not come out. In addition, testimony showed that appellant was informed of the contents of the notice, that the notice was placed on the door through which appellant later came out, and that the appellant had picked the papers up. This evidence was sufficient to support the finding that appellant had been personally served. Olin Corp. v. Haney, 245 So.2d 669 (Fla. 4th DCA 1971); Liberman v. Commercial Nat'l Bank of Broward County, 256 So.2d 63 (Fla. 4th DCA 1971).

We do not, as we indicated earlier, have jurisdiction to review any of the other issues concerning the non-final order of default. Tieche . Affirmed.

FARMER, KLEIN and MAY, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

Cited by 8 cases

View all citing references →
2006: 12008: 12009: 32011: 22022: 120062026peak 2009 · 3

Relies on it most ⓘ

  1. John Coffin v. Stacy Brandau642 F.3d 999 (11th Cir. 2011)
  2. Coffin v. Brandau614 F.3d 1240 (11th Cir. 2011)
  3. Bove v. Bove888 A.2d 123 (Conn. App. Ct. 2006)
  4. United States Securities & Exchange Commission v. Reinhard352 F. App'x 309 (11th Cir. 2009)
  5. AVENTURA BEACH CLUB CONDO. v. Blaustein997 So. 2d 1185 (Fla. Dist. Ct. App. 2008)
  6. Hull v. LENDING HOUSE, INC.19 So. 3d 404 (Fla. Dist. Ct. App. 2009)

Most recent

  1. DANIELLA BECKER v. TIMOTHY BECKERNo. 22-0352 (Fla. Dist. Ct. App. July 20, 2022)
  2. Coffin v. Brandau614 F.3d 1240 (11th Cir. 2011)
  3. John Coffin v. Stacy Brandau642 F.3d 999 (11th Cir. 2011)
  4. U.S. S.E.C. v. Don Warner ReinhardNo. 09-10213 (11th Cir. Oct. 28, 2009)
  5. United States Securities & Exchange Commission v. Reinhard352 F. App'x 309 (11th Cir. 2009)
  6. Hull v. LENDING HOUSE, INC.19 So. 3d 404 (Fla. Dist. Ct. App. 2009)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. Dist. Ct. App. 1983) 13
Liberman v. Commercial NAT. Bank of Broward CTY., 256 So. 2d 63 (Fla. Dist. Ct. App. 1971) 13
Olin Corp. v. Haney, 245 So. 2d 669 (Fla. Dist. Ct. App. 1971) 12

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