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Fine v. Snyder

District Court of Appeal of Florida, Third District
Mar 5, 1968
207 So. 2d 695 (Fla. Dist. Ct. App. 1968)

Opinion

Nos. 67-1064, 68-60.

March 5, 1968.

Appeal from the Circuit Court for Dade County, James W. Kehoe, J.

Kelner Lewis and Alan H. Dombrowsky, Miami, for appellant.

Fowler, White, Collins, Gillen, Humkey Trenam and Henry Burnett, Miami, for appellee.

Before BARKDULL and SWANN, JJ., and LOPEZ, AQUILINO, Jr., Associate Judge.


By this appeal, we are called upon to review an order dismissing plaintiff's complaint for insufficiency of process as to the defendant, a medical practitioner. Service was attempted under the provisions of Ch. 47, Fla. Stat., F.S.A.

We affirm so much of the decree as granted the motion to dismiss for lack of jurisdiction over the person of the defendant because of insufficiency of process. See: Bergh v. Stephens, Fla.App. 1965, 175 So.2d 787; Williams v. Duval County Hospital Authority, Fla.App. 1967, 199 So.2d 299.

However, we find it was error for the trial court to have dismissed plaintiff's complaint, as it stated a cause of action within the jurisdiction of the court.

Therefore, we affirm the order under review, except as modified herein.

Affirmed.


Summaries of

Fine v. Snyder

District Court of Appeal of Florida, Third District
Mar 5, 1968
207 So. 2d 695 (Fla. Dist. Ct. App. 1968)
Case details for

Fine v. Snyder

Case Details

Full title:SADIE FINE, APPELLANT, v. CLIFFORD C. SNYDER, M.D., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 5, 1968

Citations

207 So. 2d 695 (Fla. Dist. Ct. App. 1968)

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