Jackson v. Cedars of Lebanon Hospital Corp.

District Court of Appeal of Florida

Jackson v. Cedars of Lebanon Hospital Corp.

399 So. 2d 542, 1981 Fla. App. LEXIS 20191

District Court of Appeal of Florida·Decided June 16, 1981·No. No. 81-317·Published

Opinion

PER CURIAM.

The order requiring the defendant Jackson to answer the amended complaint is reversed because service of process, under the long arm statute or otherwise, has not been actually effected upon her. The appellant did not waive this jurisdictional requirement merely by filing an anticipatory motion to dismiss which unsuccessfully (and incorrectly) asserted that the long-arm provisions specifically invoked in the amended complaint could not, as a matter of law, be employed as to the claim in question. See, Huffman v. Heagy, 122 So.2d 335 (Fla.3d DCA 1960).

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PER CURIAM.

The order requiring the defendant Jackson to answer the amended complaint is reversed because service of process, under the long arm statute or otherwise, has not been actually effected upon her. The appellant did not waive this jurisdictional requirement merely by filing an anticipatory motion to dismiss which unsuccessfully (and incorrectly) asserted that the long-arm provisions specifically invoked in the amended complaint could not, as a matter of law, be employed as to the claim in question. See, Huffman v. Heagy, 122 So.2d 335 (Fla.3d DCA 1960).

Jackson v. Cedars of Lebanon Hospital Corp., 399 So. 2d 542, 1981 Fla. App. LEXIS 20191 (Fla. Ct. App. 1981).

Pincite

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Opinion

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