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Panamericana Promociones v. Hoyos

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 67 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1422.

April 30, 1991.

An Appeal from the Circuit Court for Dade County; Philip Cook, Judge.

Anderson, Moss, Parks, Russo and Mahlia L. Perito, Miami, for appellant.

Haddad, Josephs, Jack Gaebe and Denise V. Powers, Coral Gables, for appellee.

Before HUBBART, BASKIN and COPE, JJ.


Panamericana Promociones, S.A., appeals an order granting a "Motion to Quash Purported Service of Process and/or Motion to Dismiss for Lack of Jurisdiction over the Person of Ivan Hoyos." We affirm the order granting the motion to quash service. Logan v. Mora, 555 So.2d 1267 (Fla. 3d DCA 1989); see Hanna v. Millbyer, 570 So.2d 1087 (Fla. 3d DCA 1990). Because appellant had not filed the return receipts as required by statute, an order quashing service was appropriate. Logan. However, this ruling is without prejudice to appellant perfecting service by any appropriate means, including (a) filing the return receipts, (b) effecting service by any approved method, or (c) renewing the showing of avoidance of service on a more complete record. Because the record demonstrates that the cause is still pending against Mr. Hoyos, we remand the case for further proceedings.

Affirmed.


Summaries of

Panamericana Promociones v. Hoyos

District Court of Appeal of Florida, Third District
Apr 30, 1991
578 So. 2d 67 (Fla. Dist. Ct. App. 1991)
Case details for

Panamericana Promociones v. Hoyos

Case Details

Full title:PANAMERICANA PROMOCIONES, S.A., APPELLANT, v. IVAN HOYOS, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 30, 1991

Citations

578 So. 2d 67 (Fla. Dist. Ct. App. 1991)