Case:
Timothy Lillis, as Personal Representative of the Estate of Margaret Solomon, Timothy Lillis, individually and as Next Friend of B.L., a minor v. Alon Blum
Practice Area:
Attorney(s):
Plaintiff Counsel:
Leto Law Firm (Matthew P. Leto)
Result:
Appeal Successful
Summary
Jacksonville Associate Jack Garwood secured an appellate victory after Plaintiff’s counsel filed a Notice of Confession of Error on July 31, 2023. At the trial court level, the court had held that service of process had been properly effectuated under Florida’s substituted service of process statutes. However, it was clear from the record that Plaintiff had not strictly complied with the substituted service statutes as required. The substituted service of process statutes are to be strictly complied with because of due process concerns. After reviewing the cases cited in the initial Appellate Brief, Plaintiff’s counsel stated that he could not say that the statutes had been strictly complied with. Specifically, Plaintiff’s counsel referred to one of the cases in Appellant’s brief—Monaco v. Nealon, 810 So. 2d 1084 (Fla. 4th DCA 2002)—as one he could not get past. Plaintiff’s counsel stated that he has never confessed error before, but that due to the cases cited in Appellant’s Brief, he had to in this case. Read More
