Drucker v. Fernandez

District Court of Appeal of Florida

Drucker v. Fernandez

288 So. 2d 283

CourtDistrict Court of Appeal of Florida

DecidedJanuary 15, 1974

DocketNo. 73-1278

StatusPublished

Cited by1 cases

This text of 288 So. 2d 283 (Drucker v. Fernandez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drucker v. Fernandez, 288 So. 2d 283 (Fla. Ct. App. 1974).

Pincite

Opinion

PER CURIAM.

Defendant-appellant seeks review of the trial court’s order finding the court to have jurisdiction over the defendant in a paternity suit action.

Plaintiff attempted service of process upon the defendant, a member of the armed forces, by publication in a newspaper. The defendant moved to quash service of process on the grounds for lack of jurisdiction over the person. The court denied the motion and defendant appealed therefrom.

Jurisdiction to determine the question of paternity cannot be acquired in a paternity suit through constructive service by publication on the defendant. See F.S. § 49.-011, F.S.A. Cf. deMoya v. dePena, Fla.App.1963, 148 So.2d 735; T.J.K. v. N.B., Fla.App.1970, 237 So.2d 592.

Accordingly, the order finding the court to have jurisdiction to determine paternity is reversed and this cause is remanded to the trial court for entry of an order consistent herewith.

Reversed and remanded with directions.

Free access — add to your briefcase to read the full text and ask questions with AI