PROFESSIONAL PATIENT TRANSPORTATION, INC., APPELLANT,
v.
MANNY FINK, MRS. DAVID BENGEN, WIDOW OF DAVID BENGEN, AND THE ESTATE OF DAVID BENGEN, JOINTLY, SEVERALLY, AND INDIVIDUALLY, APPELLEES
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The court held that the widow, despite not being formally served, was bound by a prior order because her participation in the litigation was tantamount to a personal appearance. The court also acknowledged an error in its prior opinion regarding the Dead Man's Statute but affirmed the inclusion of bearer bonds in the estate.
The court held that the widow was bound by the prior order due to her effective personal appearance in the litigation, and acknowledged an error in its prior opinion concerning the Dead Man's Statute, but affirmed the inclusion of the bonds in the estate.
Following a prior appeal that determined bearer bonds belonged to the decedent's estate, the trial court ordered the widow to deliver them. The widow …
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SCHWARTZ, Judge.
The trial judge quashed the service of process attempted upon the nonresident defendants, under the Florida long-arm statute, notwithstanding the allegation in the complaint that they had breached their agreement to make payment in the State of Florida for services rendered to them by the plaintiff outside the state. As the court held in the controlling case of Madax International Corp. v. Delcher Intercontinental Moving Services, Inc., 342 So. 2d 1082 (Fla. 2d DCA 1977), this breach, which amounted to the defendants’ “failure to perform acts required by the contract to be performed in this state," under Fla.Stat. § 48.193(l)(g), (1975), was sufficient to confer Florida jurisdiction over the defendants. The order under review is therefore reversed and the cause remanded for further consistent proceedings.
Reversed and remanded.
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Citator
Cited By
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Thompson v. King, 523 F. Supp. 180 (M.D. Fla. 1981)
Authorities Cited
- Madax Int'l Corp. v. Delcher Intercontinental Moving Servs., Inc., 342 So. 2d 1082 (Fla. 2d DCA 1977)