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.
Key facts
- OCF filed suit against Obsidian Financial Services and its alleged sole shareholder Dianna Griffiths on March 31, 2024; the trial court issued multiple orders warning that failure to serve defendants within 120 days would result in dismissal 'without further Notice or Hearing.'
- On July 26, 2024 — within the 120-day deadline — OCF's process server served Vanessa Norman at Obsidian's registered address, describing her as 'closing agent'; OCF represented to the court in a contemporaneous motion that it had effected substitute service on Obsidian's registered agent.
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Holdings
- Rule 1.070(j) permits dismissal on the court's own initiative only 'after notice,' and does not authorize automatic dismissal without affording the plaintiff notice and an opportunity to be…
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