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Jackson v. Cedars of Lebanon Hospital

District Court of Appeal of Florida, Third District
Jun 16, 1981
399 So. 2d 542 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-317.

June 16, 1981.

Appeal from the Circuit Court, Dade County, Sam I. Silver, J.

George P. Telas, for appellants.

Jack R. Maro, Miami, for appellees.

Before HUBBART, C.J., and HENDRY and SCHWARTZ, JJ.


The order requiring the defendant Jackson to answer the amended complaint is reversed because service of process, under the long arm statute or otherwise, has not been actually effected upon her. The appellant did not waive this jurisdictional requirement merely by filing an anticipatory motion to dismiss which unsuccessfully (and incorrectly) asserted that the long-arm provisions specifically invoked in the amended complaint could not, as a matter of law, be employed as to the claim in question. See, Huffman v. Heagy, 122 So.2d 335 (Fla.3d DCA 1960).


Summaries of

Jackson v. Cedars of Lebanon Hospital

District Court of Appeal of Florida, Third District
Jun 16, 1981
399 So. 2d 542 (Fla. Dist. Ct. App. 1981)
Case details for

Jackson v. Cedars of Lebanon Hospital

Case Details

Full title:LOUISE JACKSON AND UNITED STATES FIDELITY AND GUARANTY COMPANY, A/K/A U.S…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 16, 1981

Citations

399 So. 2d 542 (Fla. Dist. Ct. App. 1981)