Pool v. Bunger

• Decision Date: 22 November 2011
• Docket Number: No. 1D10–5040.,1D10–5040.
• Citation: 75 So.3d 362
• Parties: Robert POOL, Appellant, v. Amy BUNGER, Appellee.
• Court: Florida District Court of Appeals

75 So.3d 362

Robert POOL, Appellant,

v.Amy BUNGER, Appellee.

No. 1D10–5040.

District Court of Appeal of Florida, First District.

Nov. 22, 2011.

An appeal from the Circuit Court for Leon County, Dawn Caloca–Johnson, Judge.Robert Pool, pro se, Appellant.

No appearance for Appellee.

PER CURIAM.

Appellant, Robert Pool, seeks review of the trial court's Order on Petition[ ] for Modification of Parenting Plan and Petitioner's Motion to Set Hearing on Petition for Modification of Parenting Plan. We affirm the order without prejudice to Appellant's right to raise his claim that service of process was invalid in a motion filed pursuant to Florida Rule of Civil Procedure 1.540(b)(4). See Wolfe v. Stevens, 965 So.2d 1257, 1259 (Fla. 2d DCA 2007) (noting that a judgment entered without valid service is void for lack of personal jurisdiction and can be collaterally attacked at any time).

AFFIRMED.

DAVIS, PADOVANO, and ROWE, JJ., concur.