Wednesday, February 22, 2012

Third District Reverses Dismissal for Failure to Serve

The Third District Court ruled today in Dolan v. Dolan, and reversed the lower tribunal’s dismissal of an amended petition for modification as a result of a failure to serve the former wife with that pleading.   The Third District Court found that the former wife had already waived the insufficiency of service claim she later prevailed upon, and that the former husband was not required to preserve that issue for appeal through a motion for rehearing.

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