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Babcock v. Volkswagenwerk

District Court of Appeal of Florida, Third District
Jun 19, 1979
371 So. 2d 1100 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-872.

June 19, 1979.

Appeal from Circuit Court, Dade County; Rhea P. Grossman, Judge.

Bailey Dawes and Jesse C. Jones, Miami, for appellant.

Walton, Lantaff, Schroeder Carson and Edward J. Atkins, Miami, for appellee.

Before PEARSON, HENDRY and KEHOE, JJ.


The order under review is reversed and the cause remanded. Since the alleged negligent acts of the non-resident defendant took place before the effective date of Section 48.193, Florida Statutes (1973), but after the effective date of Section 48.182, Florida Statutes (1970), the trial court erred in ruling that Section 48.182 did not apply, as it is the prior long-arm statute which governs service on the defendant. See, AB CTC v. Morejon, 324 So.2d 625 (Fla. 1975); Griffis v. J.C. Penney Company, Inc., 333 So.2d 503 (Fla. 1st DCA 1976); American Motorists Insurance Company v. Hussain, 363 So.2d 1175 (Fla. 3d DCA 1978). See also, Genaw v. Volkswagenwerk A.G., 536 F.2d 1039 (5th Cir. 1976).

Reversed and remanded.


Summaries of

Babcock v. Volkswagenwerk

District Court of Appeal of Florida, Third District
Jun 19, 1979
371 So. 2d 1100 (Fla. Dist. Ct. App. 1979)
Case details for

Babcock v. Volkswagenwerk

Case Details

Full title:EDWARD VOSE BABCOCK, III, APPELLANT, v. VOLKSWAGENWERK AKTIENGESELLSCHAFT…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 19, 1979

Citations

371 So. 2d 1100 (Fla. Dist. Ct. App. 1979)

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