KURT HARNISHFAGER, APPELLANT,
v.
INDEPENDENT TRAVEL AGENCIES OF AMERICA, INC., AND PK COMPUTERS, INC., APPELLEES
KURT HARNISHFAGER, APPELLANT,
INDEPENDENT TRAVEL AGENCIES OF AMERICA, INC., AND PK COMPUTERS, INC., APPELLEES
676 So. 2d 1
Florida District Court of Appeal, Fourth District (1995)
Caution
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We affirm an order denying Appellant’s motion to quash service of process. The trial court’s order is without prejudice to Appellant’s right to refile his motion at such time as there is evidence of attempted or purported service upon him individually. At this time Appellant’s motion to quash is premature as, to date, the only indication in the record concerning service is the service upon a codefendant corporation. There is no evidence of any claim of service upon Appellant individually.
STONE, FARMER and KLEIN, JJ., concur.
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Mungin v. State, 689 So. 2d 1026 (Fla. 1995)…ed, we must reverse the conviction. However, because it is impossible to determine which • of the two theories of attempted murder the jury accepted, remand for retrial on the charge of attempted second degree murder is required. Humphries v. State, 676 So. 2d 1 (Fla. 5th DCA 1995), citing United States v. Garcia, 938 F. 2d 12 (2d Cir.1991). Lamb, 668 So. 2d at 667. And most recently, the Fifth District in an en banc decision vacated a defendant’s attempted first-degree murder conviction and remanded for…1 / 2
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Braggs v. State, 789 So. 2d 1151 (Fla. 3d DCA 2001)…that the convictions are supported by testimony that one of the perpetrators suggested that the victims be tied up. However, although actually tying up a victim can be sufficient to support a kidnapping conviction, Berry; compare Humphries v. State, 676 So. 2d 1 (Fla. 5th DCA 1995)(no kidnapping when defendant thwarted while duct-taping victims), the testimony of such a suggestion, standing alone, is not sufficient evidence to support the kidnapping conviction. Additionally, there is no preservation proble…
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