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Chatarpaul v. Colbert

District Court of Appeal of Florida, Fourth District
Aug 1, 1990
564 So. 2d 292 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0210.

August 1, 1990.

Appeal of a non-final order from the Circuit Court for Broward County; Gene Fischer, Judge.

Nick B. Kanelidis, Fort Lauderdale, for appellant.

Damodar S. Airan, Miami, for appellees-Sukhu.


For two reasons, we reverse the trial court's order which denied appellant's motion to quash service.

As appellant points out, appellees' affidavit fails to rebut appellant's by competent proof. See Naviera Blancamar, S.A. v. Boucher, 547 So.2d 1034, 1035 (Fla. 3d DCA 1989). Appellees failed to provide the trial court with competent proof that the adult woman named Jennifer (no last name given) upon whom service was made was residing in appellant's household and was a proper recipient of service. Further, as appellant points out, appellees' cross-claim fails to allege sufficient facts concerning the statutory basis of jurisdiction over appellant in Canada. See Neff v. Adler, 416 So.2d 1240 (Fla. 4th DCA 1982), and Plummer v. Hoover, 519 So.2d 1158 (Fla. 5th DCA 1988).

ANSTEAD, GLICKSTEIN and WALDEN, JJ., concur.


Summaries of

Chatarpaul v. Colbert

District Court of Appeal of Florida, Fourth District
Aug 1, 1990
564 So. 2d 292 (Fla. Dist. Ct. App. 1990)
Case details for

Chatarpaul v. Colbert

Case Details

Full title:LAKERAM CHATARPAUL, APPELLANT, v. RICHARD COLBERT, HARRY SUKHU AND RANADAI…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 1, 1990

Citations

564 So. 2d 292 (Fla. Dist. Ct. App. 1990)