Daniel Cramer v. Bank of America, National Association

District Court of Appeal of Florida

Daniel Cramer v. Bank of America, National Association

180 So. 3d 233, 2015 Fla. App. LEXIS 18805, 2015 WL 9263820

District Court of Appeal of Florida·Decided December 16, 2015·No. 4D15-1242·Published

Opinion

PER CURIAM.

Appellant challenges the trial court’s order denying his motion to quash service of process. Appellant was personally served outside the court following a hearing challenging prior service by publication on him in the same case. He contends that the rule providing immunity from service of process for an out-of-state resident while attending a court proceeding in a related matter, as found in Lienard v. DeWitt, 153 So.2d 302, 303 (Fla.1963), should apply to in-state residents. We reject the extension of this rule to in-state residents. We also note that the rule of immunity for out-of-state residents attending proceedings does not apply where the litigation in which service is made is closely related in the identity of parties and issues to the proceedings being attended. Id. In this case, the service was in the same proceeding and was made to reach appellant, who was clearly attempting to avoid service.

Affirmed.

WARNER, STEVENSON and GERBER, JJ., concur.

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PER CURIAM.

Appellant challenges the trial court’s order denying his motion to quash service of process. Appellant was personally served outside the court following a hearing challenging prior service by publication on him in the same case. He contends that the rule providing immunity from service of process for an out-of-state resident while attending a court proceeding in a related matter, as found in Lienard v. DeWitt, 153 So.2d 302, 303 (Fla.1963), should apply to in-state residents. We reject the extension of this rule to in-state residents. We also note that the rule of immunity for out-of-state residents attending proceedings does not apply where the litigation in which service is made is closely related in the identity of parties and issues to the proceedings being attended. Id. In this case, the service was in the same proceeding and was made to reach appellant, who was clearly attempting to avoid service.

Affirmed.

WARNER, STEVENSON and GERBER, JJ., concur.

Daniel Cramer v. Bank of America, National Association, 180 So. 3d 233, 2015 Fla. App. LEXIS 18805, 2015 WL 9263820 (Fla. Ct. App. 2015).

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