Lynton v. Siegel

District Court of Appeal of Florida

Lynton v. Siegel

429 So. 2d 1375, 1983 Fla. App. LEXIS 28958

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1983

DocketNo. 82-1536

StatusPublished

Cited by1 cases

This text of 429 So. 2d 1375 (Lynton v. Siegel) 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.

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Lynton v. Siegel, 429 So. 2d 1375, 1983 Fla. App. LEXIS 28958 (Fla. Ct. App. 1983).

Pincite

Opinion

PER CURIAM.

The appellants’ (third party defendants in the trial court) Motion To Quash Service of Process and Dismiss for Lack of Personal Jurisdiction was denied. They appeal. We reverse.

Service upon appellants, non-residents of the State of Florida, was attempted via the long arm statute, Section 48.181, Florida Statutes (1969). See also Section 48.193, Florida Statutes (1973). We hold that such service was defective.

The amended third party complaint was devoid of any jurisdictional facts or allegations, which lack is fatal to appellee’s position. Joyce Bros. Storage & Van Co. v. Piechalak, 343 So.2d 97 (Fla. 3d DCA 1977). See also Firestone Steel Products Company of Canada v. Snell, 423 So.2d 979 (Fla. 3d DCA 1982) and Florida Rule of Civil Procedure 1.070(i).

While there is a record of sorts relied upon by appellees such as the affidavit of a co-defendant and certain correspondence, we decline to assay it inasmuch as it will be necessary for appellee to start over and since, being now advised, the allegations and proofs may very well be different.

Reversed and remanded.

GLICKSTEIN, DELL and WALDEN, JJ., concur.

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