Ocean Capital Funding, LLC v. Obsidian Financial Services, Inc.
The Third DCA reversed a sua sponte dismissal under Florida Rule of Civil Procedure 1.070(j) where the trial court found service on a corporate 'closing agent' improper without first affording the plaintiff notice and an opportunity to be heard. The court held that prior general warnings about the 120-day service deadline do not satisfy rule 1.070(j)'s notice requirement when the dismissal rests on the legal insufficiency of the method of service.
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