Broward v. Recupero

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 BROWARD COUNTY, a political subdivision of the State of Florida, Appellant, v. ANDREW RECUPERO, as personal representative of the Estate of Theresa Colangelo; ANDREW RECUPERO, individually, et al., Appellees. No. 4D04-2575 June 29, 2005 PER CURIAM. We reverse a summary final judgment dismissing the county s lien foreclosure and remand for further proceedings. The record reflects that any defect in notice was waive d by Appellee s appearance and participation in the administrative hearing. We note that there was no indication that Appellee was making a limited special appearance. STONE and MAY, JJ., concur. FARMER, C.J., dissents without opinion. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 03-10682 (09). Sharon L. Cruz, Interim Broward County Attorney, Andrew L. Meyers, Chief Appellate Counsel, and James D. Rowlee, Assistant County Attorney, Fort Lauderdale, for appellant. Stuart J. Mac Iver of Doumar, Allsworth, Cross, Laystrom, Voigt, Wachs, Mac Iver & Adair, LLP, Fort Lauderdale, for Appellee-Andrew Recupero. Not final until disposition of timely filed motion for rehearing. 2

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