Opinion
No. 86-1622.
February 24, 1987.
Appeal from the Circuit Court, Dade County, Maria M. Korvick, J.
Akerman, Senterfitt Eidson and Kirk L. Burns and Ellen C. Freidin, Miami, for appellant.
Edward C. Vining, Jr. and Thomas Scott, Miami, for appellee.
Before NESBITT, BASKIN and JORGENSON, JJ.
We reverse the trial court's order denying Pomerantz's motion to dismiss for improper service. It is well established that nonresident witnesses who voluntarily enter the state to testify in pending litigation are immune from service of process for a reasonable time before and after they testify. Stokes v. Bell, 441 So.2d 146 (Fla. 1983); Lienard v. De Witt, 153 So.2d 302 (Fla. 1963); Murphy Jordan, Inc. v. Insurance Co. of N. Am., 278 So.2d 296 (Fla. 3d DCA 1973). The evidence established that Pomerantz was a resident of Georgia who entered Florida only to provide deposition testimony in a suit wherein he was not a party. As such, he was immune from service when he was served immediately following his deposition.
Reversed.