Perez v. Atl. Hosiery Outlet, LLC

• Decision Date: 16 October 2019
• Docket Number: No. 3D19-45,3D19-45
• Citation: 283 So.3d 386 (Mem)
• Parties: Vivian PEREZ, Appellant, v. ATLANTIC HOSIERY OUTLET, LLC, Appellee.
• Court: Florida District Court of Appeals

283 So.3d 386 (Mem)

Vivian PEREZ, Appellant,

v.ATLANTIC HOSIERY OUTLET, LLC, Appellee.

No. 3D19-45

District Court of Appeal of Florida, Third District.

Opinion filed October 16, 2019

Law Offices of Alfaro & Fernandez, P.A., and Elbert Alfaro, Miami Lakes, for appellant.

Lerman & Whitebook, P.A., and Carlos D. Lerman (Hollywood), for appellee.

Before LOGUE, SCALES and GORDO, JJ.

PER CURIAM.

Affirmed. See Fla. R. Civ. P. 1.080(a) ("Every pleading subsequent to the initial pleading ... must be served in conformity with the requirements of Florida Rule of Judicial Administration 2.516."); Fla. R. Jud. Admin. 2.516(a) ("No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons." (emphasis added)); Safetitle, Inc. v. Fid. Nat. Title Ins., 701 So. 2d 565, 567 (Fla. 5th DCA 1997), superseded on other grounds by rule, Fla. R. App. P. 9.130, as recognized in BMW Fin. Servs. NA, LLC v. Alger, 834 So. 2d 408, 409 n.1 (Fla. 5th DCA 2003) ; Reshard v. McQueen, 562 So. 2d 811, 812–13 (Fla. 1st DCA 1990) ; see also Ocean Bank v. Garcia-Villalta, 141 So. 3d 256, 258 (Fla. 3d DCA 2014) ("An answer must be served by or a default entered against all defending parties before the action is at issue." (emphasis added) (quoting Bennett v. Cont'l Chems., Inc., 492 So. 2d 724, 727 n.1 (Fla. 1st DCA 1986) (en banc))).