BLUM v. LILLIS (2024)

District Court of Appeal of Florida, Third District.

Alon BLUM, Appellant, v. Timothy LILLIS, etc., Appellee.

No. 3D23-0413

Decided: January 17, 2024

Before SCALES, HENDON, and MILLER, JJ.

Luks, Santaniello, Petrillo, Cohen & Peterfriend, and Daniel S. Weinger, Jack Garwood, and Luis Menendez-Aponte, for appellant. Leto Law Firm, and Matthew P. Leto, for appellee.

ON CONFESSION OF ERROR

Based on the appellee's proper confession of error, we reverse the nonfinal Order Denying Defendant's Motion to Dismiss for Failure to Make Timely Service. See Monaco v. Nealon, 810 So. 2d 1084, 1086 (Fla. 4th DCA 2002) (“Failure to timely file an affidavit of compliance alone warrants quashing of the substituted service.”). Further, we remand for further proceedings to allow the appellee to effectuate service of process over the appellant.

Reversed and remanded.

PER CURIAM.

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