DEL CONTE ENTERPRISES, INC., Appellant,
v.
THOMAS PUBLISHING COMPANY, d/b/a Thomas Register of American Manufacturers, Appellee.
District Court of Appeal of Florida, Third District.
*1269 Andrew Merlo, and Steven Serle, Boca Raton, for appellant.
Steven B. Sprechman, North Miami Beach, and Stacey S. Fisher, for appellee.
Before LEVY, GERSTEN and GREEN, JJ.
PER CURIAM.
Appellant, Del Conte Enterprises, Inc. (the "appellant") appeals the denial of a motion to vacate an amended consent final judgment entered in favor of appellee, Thomas Publishing Company ("Thomas Publishing"). We reverse, because the lack of proper service rendered the judgment void, and relief from a void judgment can be granted at any time.
In June of 1991, the appellant sold the trade name "Del Conte Enterprises" to Boyd Industrial Products, Inc. ("Boyd"). Thereafter, Boyd, doing business as "Del Conte Enterprises," contracted with Thomas Publishing for advertising services. In October of 1994, Thomas Publishing filed suit against Boyd and "Del Conte Enterprises, Inc." for nonpayment. Thomas Publishing never served the appellant or its actual registered agent. Subsequently, Boyd's president entered into a stipulation for settlement with Thomas Publishing on behalf of Boyd and "Del Conte Enterprises, Inc." (the corporation which was never served). A few months later, Boyd defaulted on payments under the stipulation and an amended consent final judgment was entered against Boyd and "Del Conte Enterprises, Inc."
Once the appellant learned of the amended consent final judgment entered in its name, it sent a series of letters to Thomas Publishing demanding the judgment be vacated. Thomas Publishing refused. Over one year later, the appellant filed a motion to vacate the judgment, alleging lack of service of process and that the judgment was procured through fraud. Thomas Publishing responded that the appellant failed to timely move against the judgment. The trial court agreed that the judgment was void or voidable, but denied the motion because it was not filed within a reasonable time.
It is well settled that a judgment entered without due service of process is void. See Kennedy v. Richmond,
Accordingly, as the uncontroverted facts show that the judgment against the appellant was entered without due service of process, the judgment was void and the trial court was obligated to grant relief from the judgment as a matter of law. See Kennedy v. Richmond,
Reversed and remanded with instructions.
