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ALFRED BARR vs SHAINA THORPE
Date: 09-26-2019
Case Number: 18-3091
Judge: Edward LaRose
Court: DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Plaintiff's Attorney:
Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖
Defendant's Attorney:
Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖
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Alfred Barr challenges six nonfinal orders on appeal. We dismiss the appeal as to Mr. Barr's challenge to the trial court's order granting Thorpe & Thorpe, P.A.'s motion to dismiss the original complaint for failure of service, without prejudice, and the trial court's order denying Mr. Barr's motion for reconsideration of that order. See Cruz v. Citimortgage, Inc., 197 So. 3d 1185, 1189 (Fla. 4th DCA 2016) ("A plaintiff should be able to correct purported problems with service of process by re-serving a
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summons. If subsequent service of process is valid, then any challenge to the sufficiency of a prior service is moot."); see, e.g., Diaz v. First Capital Corp., 771 So. 2d 598, 600 (Fla. 3d DCA 2000) (concluding that the service of process issue was moot where the Appellee cured the alleged infirmity by properly re-serving the Appellant during the pendency of the appeal); Dickinson v. Dickinson, 706 So. 2d 114, 114 (Fla. 1st DCA 1998) ("[T]he record before us reflects that a deputy sheriff properly served Appellant before the order on appeal was entered. As Appellee correctly states, the issue is moot since proper service has now been accomplished.").
About This Case
What was the outcome of ALFRED BARR vs SHAINA THORPE?
The outcome was: The appeal of the remaining orders is dismissed as being from nonfinal, nonappealable orders. See Fla. R. App. P. 9.130(a)(3) (enumerating the types of appealable nonfinal orders). Dismissed.
Which court heard ALFRED BARR vs SHAINA THORPE?
This case was heard in DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT, FL. The presiding judge was Edward LaRose.
Who were the attorneys in ALFRED BARR vs SHAINA THORPE?
Plaintiff's attorney: Call Kent Morlan at 888-354-4529 if you need a lawyer ⚖.
When was ALFRED BARR vs SHAINA THORPE decided?
This case was decided on September 26, 2019.