Daniel Gonzalez v. Jorge Amor

Summary

The Third District Court of Appeal of Florida partially affirmed and partially reversed the dismissal of Daniel Gonzalez’s civil lawsuit. It affirmed dismissal as to the individual appellees, while removing the designation that the dismissal was with prejudice because of deficient service of process. The court reversed dismissal as to the entity appellees because they had responded to the third amended complaint and the prior order did not contain finality language establishing a jurisdictional bar.

Holdings

1. The dismissal as to the individual appellees was properly affirmed because Gonzalez failed to file statutorily compliant service returns within the specified time and did not otherwise avail himself of the opportunity to participate in an evidentiary hearing.
2. The dismissal as to the individual appellees was affirmed, but the designation of that dismissal as being with prejudice was removed.
3. The dismissal of the entity appellees was reversed because the entities collectively responded to the third amended complaint and the prior order invoked as a jurisdictional bar contained no words of finality.

Questions Presented

1. Whether dismissal as to the individual appellees was proper when Gonzalez failed to file statutorily compliant service returns within the specified time or participate in an evidentiary hearing.
2. Whether the dismissal of the entity appellees could stand when they collectively responded to the third amended complaint and the prior order invoked as a jurisdictional bar was not final.
3. Whether dismissal as to the individual appellees should have been designated with prejudice.

Disposition

reversed_and_remanded