Re: 6/19/06 - [UCSY] UCSY v Dembovich, Villasenor et al: Defendants Dembovich and Villasenor Vindicated by Judge
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
UNIVERSAL COMMUNICATIONS SYSTEMS, INC., and AIRWATER CORP.
PLAINTIFFS,
vs.
PEDRO DEMBOVICH, ROBERTO VILLASENOR, etc., et al DEFENDANTS.
and
LYCOS, INC.,
INTERVENOR
GENERAL JURISDICTION DIVISION
CASE NO. O4-27383 CA 01(09)
OMNIBUS ORDER
_________________________________________________
THIS MATTER came before the Court on May 31, 2006 on Defendant Villasenor’s Renewed Motion to Quash, and Objections to Discovery.
The Court, in the course of informing itself as to all issues involved herein, having considered the aforesaid motions, and upon review of the court file in toto, the same having disclosed numerous and fundamental matters which were, in the opinion of this Court, improperly or improvidently ruled upon, inter alia, the Default Judgment as to Dembovich and Villasenor; Final Judgment of Injunction, and as subsequently amended and modified; Intervention; Attorney Fee Award; and other matters collateral thereto;
Recognizing its duty, obligation and right to vacate or modify interlocutory Orders which it finds to have been improperly or improvidently granted; See Hull & Company. Inc. v Thomas, 834 So. 2d 904 (Fla. 4th DCA 2003); Wasa Int’l Ins. Co1 v. Hurtado, 749 So. 2d 579, 580 (Fla. 3d DCA 2000); Karn v. Coldwell Banker Residential Real Estate Inc., 705 So. 2d 680 (Fla. 4th DCA 1998) it is
ORDERED and ADJUDGED THAT:
ANY AND ALL ORDERS previously entered in this cause, from inception, are hereby VACATED, VOID, and DECLARED TO BE OF NO FORCE AND EFFECT, nune pro tune; and,
It is NOW, THEREFORE, FURTHER ORDERED that:
The Order of Default previously entered, which purportedly found valid service on Defendants, Pedro Dembovich and Roberto Villasenor, was premised upon unproved allegations of service on the Secretary of State for which no evidence of record timely and properly appeared; therefore:
a. As to Defendant, Pedro Dembovich, there being no evidence found in the Court file or on the official docket of this cause that service was perfected on the Secretary of State of the State of Florida, as previously asserted by the Plaintiffs, Defendant Pedro Dembovich shall stand dismissed from this action for Plaintiffs’ failure to serve him with process within the time period required by Fla. R. Civ. P. 1.070(j), unless the Plaintiffs, within ten (10) days from the date of this Order, Show Good Cause or excusable neglect, in writing, filed with the Clerk of the Court, with a courtesy copy delivered to Chambers, as well as to counsel/parties of record, why said dismissal should be set aside.
b. Defendants, John Doe 1-20, and each of them individually, shall stand dismissed from this action for failure of Plaintiffs to serve them, or any of them, with process within the time period required by Fla. R. Civ. P. 1.070 (j), unless the Plaintiffs, within ten (10) days from the date of this Order, Show Good Cause or excusable neglect, in writing, filed with the Clerk of the Court, with a courtesy copy delivered to Chambers, as well as counsel/parties of record, why said dismissal should be set aside.
c. Defendant, Roberto Villasenor, filed both a Motion to Quash Service of Process and Motion to Dismiss for Lack of Personal and Subject Matter Jurisdiction. Upon consideration thereof;
1. Defendant Villasenor’s Motion to Dismiss for lack of subject matter jurisdiction is DENIED.
2. Defendant Villasenor’s Motion to Dismiss for lack of persona/jurisdiction is MOOT inasmuch as
3. Defendant Villasenor’s Motion to Quash Service of Process is GRANTED.
It further appearing that the above-described Order of Default previously improperly entered, and now vacated, formed the genesis for entry of a Final Judgment of Injunction, and that Final Judgment of Injunction, now vacated, being the cause of Lycos, Inc.’s intervention in this action, it is herewith specifically
ORDERED and ADJUDGED that Lycos, Inc., is hereby dismissed as a party to this cause.
Jurisdiction in these proceedings is reserved only for such matters as hereafter may properly be brought before the Court.
DONE and ORDERED in Chambers in Miami-Dade County, Florida this 19 day of June, 2006.
THOMAS S. WILSON, JR.
CIRCUIT COURT JUDGE
COPIES TO: COUNSEL/PARTIES OF RECORD |
