In short: Usually yes: in Florida, a defendant who files an answer or motion without raising bad service of process waives that defense. In Larryanne Meat Market Corp. v. Uptown Property Holdings, a Miami-Dade commercial tenant was evicted and then argued it was never properly served, while the landlord said the tenant’s answer waived the point. The Third District affirmed the trial court on December 24, 2014, in a per curiam affirmance without a written opinion.
The Facts
Uptown Property Holdings, LLC sued its commercial tenant, Larryanne Meat Market Corp., for possession and for money damages. The landlord obtained a default final judgment of eviction and a writ of possession, and the tenant was removed from the premises.
The tenant then moved to quash service and vacate the judgment. The trial court denied relief, and the tenant appealed (No. 3D14-2093). The case was argued in December 2014. No written opinion explains the facts, so the points below are what the lawyers told the court, not findings by any court.
- The tenant’s lawyer argued that the five-day eviction summons was handed to a shift manager, with no attempt to serve the registered agent or an officer, so the court never had personal jurisdiction over the corporation.
- He told the court the tenant was put out along with 36 employees and equipment worth hundreds of thousands of dollars, and that a dispossession that serious called for an evidentiary hearing.
- He argued that an answer filed after the default, and aimed only at the damages count, could not waive the service defect.
- The landlord’s lawyers argued the tenant filed an answer to both counts, admitted and denied the allegations paragraph by paragraph, and raised affirmative defenses without ever objecting to service. Under long-standing Florida law, they said, that answer waived any defect in service.
- The landlord added that defective service makes a judgment voidable, not void, so the defense must be raised in time or it is lost.
The Decision
The Third District affirmed on December 24, 2014. The ACIS docket lists the result as “Affirmed – Per Curiam Affirmed,” and the mandate issued January 9, 2015. Earlier, the court had denied the landlord’s motion to dismiss the appeal.
A per curiam affirmance without an opinion decides only this case. It leaves the eviction judgment in place, but it does not tell us which argument persuaded the panel. At argument, the judges pressed the tenant’s lawyer on whether a general appearance and an answer on the merits waive a service objection.
The Law
A commercial landlord recovers possession under section 83.21, which gives the eviction the summary procedure of section 51.011. Under that procedure the tenant must put all of its defenses in an answer filed within 5 days after service.
Service on a corporation is governed by section 48.081. Current law (2026): the statute now directs process first to the corporation’s registered agent, then to listed officers or people named on the latest annual report, and then to the Secretary of State or service by court order.
Objections to personal jurisdiction, process and service of process are waivable. Under Florida Rule of Civil Procedure 1.140, those defenses are lost if a party files a motion or responsive pleading and leaves them out. That is the rule the landlord relied on.
A party who wants out of a judgment after the fact uses rule 1.540. A judgment entered without any service at all can be void, but a defect in service that the defendant has waived by appearing does not make the judgment void.
Lessons
- If you think service was defective, raise it first, before or with any answer. An answer that skips the issue can give it away.
- Commercial eviction moves on a 5-day clock. A tenant who waits can lose possession before anyone hears the service argument.
- Landlords should serve a corporate tenant the way the statute requires. Serving a shift manager invites a fight over the judgment.
- A per curiam affirmance is not a written rule. This case shows how the waiver argument can play out, not a guaranteed result.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
📋 Evicted Without Service: 36 Employees Out, and an Answer Filed After the Judgment
Read the Law on FloridaRules.net
The statutes and court rules discussed in this article, free to read on FloridaRules.net:
Go Deeper
- Contractor Can't Undo a Default Over Who Took the Papers (KMG Properties v. Owl Construction)
- A Default Doesn't Prove How Much Rent Is Owed (Maggiano v. Whiskey Creek)
- Commercial Lease Fights in Florida: Lockouts, Holdovers and One Word in the Lease
Frequently Asked Questions
Can I challenge an eviction if I was never properly served?
Yes, but you must raise it promptly. Under rule 1.140, defenses based on insufficient service are waived if you file a motion or answer that does not include them. In Larryanne Meat Market, the landlord argued the tenant’s answer waived the objection, and the eviction judgment was affirmed.
Does filing an answer waive improper service of process in Florida?
Generally yes, if the answer does not raise the defense. Florida treats defective service as a waivable objection to personal jurisdiction. Raise it by motion or in the first responsive pleading.
How long does a commercial tenant have to answer an eviction in Florida?
Five days after service for the possession claim, because section 83.21 makes nonresidential evictions subject to the summary procedure in section 51.011. A damages count served with a 20-day summons follows the ordinary timeline.
Who can be served for a corporation in a Florida lawsuit?
Start with the registered agent. If the registered agent cannot be served, section 48.081 allows service on certain officers or people listed on the annual report, and then on the Secretary of State or by court order.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
