Pomerantz v. Hollowell

District Court of Appeal of Florida

Pomerantz v. Hollowell

502 So. 2d 1314, 12 Fla. L. Weekly 609, 1987 Fla. App. LEXIS 6920

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1987

DocketNo. 86-1622

StatusPublished

Cited by3 cases

This text of 502 So. 2d 1314 (Pomerantz v. Hollowell) 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

Pomerantz v. Hollowell, 502 So. 2d 1314, 12 Fla. L. Weekly 609, 1987 Fla. App. LEXIS 6920 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

We reverse the trial court’s order denying Pomerantz’s motion to dismiss for improper service. It is well established that nonresident witnesses who voluntarily enter the state to testify in pending litigation are immune from service of process for a reasonable time before and after they testify. Stokes v. Bell, 441 So.2d 146 (Fla. 1983); Lienard v. De Witt, 153 So.2d 302 (Fla.1963); Murphy & Jordan, Inc. v. Insurance Co. of N. Am., 278 So.2d 296 (Fla. 3d DCA 1973). The evidence established that Pomerantz was a resident of Georgia who entered Florida only to provide deposition testimony in a suit wherein he was not a party. As such, he was immune from service when he was served immediately following his deposition.

Reversed.

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

PER CURIAM.

We reverse the trial court’s order denying Pomerantz’s motion to dismiss for improper service. It is well established that nonresident witnesses who voluntarily enter the state to testify in pending litigation are immune from service of process for a reasonable time before and after they testify. Stokes v. Bell, 441 So.2d 146 (Fla. 1983); Lienard v. De Witt, 153 So.2d 302 (Fla.1963); Murphy & Jordan, Inc. v. Insurance Co. of N. Am., 278 So.2d 296 (Fla. 3d DCA 1973). The evidence established that Pomerantz was a resident of Georgia who entered Florida only to provide deposition testimony in a suit wherein he was not a party. As such, he was immune from service when he was served immediately following his deposition.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

502 So. 2d 1314, 12 Fla. L. Weekly 609, 1987 Fla. App. LEXIS 6920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pomerantz-v-hollowell-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack