Opinion
No. 83-837.
November 15, 1983.
Appeal from a non-final order from Circuit Court, Dade County; Mario Goderich, Judge.
Myers, Kenin, Levinson, Ruffner, Frank Richards and Terry V. Percy, Miami, for appellant.
No appearance for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
The complaint does not allege a basis for subjecting the defendant-appellant Marvin A.H. Freiman, a New York attorney, to service under the Florida long-arm statute, and his unrebutted affidavit affirmatively shows that no such basis exists. Investors Associates, Inc. v. Moss, 441 So.2d 1144 (Fla. 3d DCA 1983); Hyco Manufacturing Co. v. Rotex International Corp., 355 So.2d 471 (Fla. 3d DCA 1978); Nichols v. Seabreeze Properties, Inc., 302 So.2d 139 (Fla. 3d DCA 1974). The order denying his motion to dismiss for lack of jurisdiction over his person is therefore reversed.