TAMPA ASSOCIATES, LTD. v. MIAMI ELEVATOR CO.

No. 88-2051.

545 So.2d 458 (1989)

TAMPA ASSOCIATES, LTD., a Florida Limited Partnership, Appellant, v. MIAMI ELEVATOR COMPANY, A Delaware Corporation, Appellee.

District Court of Appeal of Florida, Third District.

June 20, 1989.


Attorney(s) appearing for the Case

Dempsey & Goldsmith and H. Lawrence Hardy, for appellant.

Sheldon R. Rosenthal, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.


SCHWARTZ, Chief Judge.

The default judgment under review is reversed because, as is admitted, service of process was improperly effected upon a person who was not designated as a representative of the appellant partnership as required by section 48.061(3), Florida Statutes (1987). In defense of its judgment, the appellee contends only that the improper service defense was waived because, it argues, the assertion was not made as required in the initial pleading filed...

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