From Casetext: Smarter Legal Research

Ghali v. Smith

District Court of Appeal of Florida, Third District
Mar 19, 1991
575 So. 2d 1386 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2141.

March 19, 1991.

An Appeal from the Circuit Court for Dade County; Maria Korvick, Judge.

Gerald J. Tobin, and Shalle Stephen Fine, Miami, for appellants.

William Huggett, and Anna Scornavacca, Miami, for appellee.

Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.


Appellant, Nabil Ghali, M.D. (Ghali), and Virginia Suarez (Suarez), appeal the denial of Suarez's motion to quash service of process. We affirm.

Appellee attempted to serve Ghali in an action for malpractice. Appellee claims service was made through the Florida Secretary of State, and on Ghali personally, in Ohio. Additionally, substitute service of process was made on a nonparty, Suarez.

Suarez moved to quash the service. The trial court denied the motion and Suarez appealed. Ghali then joined Suarez's appeal.

Suarez has not been personally served. Ghali challenged the service of process and has moved the court to quash all service, and to enter a dismissal for lack of personal jurisdiction. The trial court has not heard, or ruled, on Ghali's motions.

We find that Suarez has no standing in the trial court or in this appeal. We further find that Ghali also lacks the requisite standing to appeal the denial of a nonparty's motion to quash substitute service of process. See, e.g., Kaufman v. Metro Limo Fund, Inc., 503 So.2d 967 (Fla. 3d DCA 1987).

Accordingly, we affirm.


Summaries of

Ghali v. Smith

District Court of Appeal of Florida, Third District
Mar 19, 1991
575 So. 2d 1386 (Fla. Dist. Ct. App. 1991)
Case details for

Ghali v. Smith

Case Details

Full title:NABIL GHALI, M.D., ET AL., APPELLANTS, v. GRACE SMITH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 19, 1991

Citations

575 So. 2d 1386 (Fla. Dist. Ct. App. 1991)

Citing Cases

Bruce v. U.S. Bank Nat'l Ass'n

We affirm the trial court's order as to Mr. Bruce without further comment. We dismiss this appeal as to Mrs.…