THE DEPARTMENT OF INSURANCE OF THE STATE OF INDIANA, LIQUIDATOR OF INSURANCE CORPORATION OF AMERICA, AN INDIANA CORPORATION, APPELLANT,
v.
HIGHWAY INSURANCE COMPANY, AN ILINOIS CORPORATION, APPELLEE

Fla. 3d DCA | 1965-01-12
No. 64-828
Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.
170 So. 2d 464 Florida District Court of Appeal, Third District (1965) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant, by this interlocutory appeal, claims error on the part of the trial court in denying its motion to dismiss the complaint for lack of jurisdiction over it.

Appellant’s contention is without merit inasmuch as this is an action in rem regarding title to real property in Florida.1 The service of process was made as provided by §§ 48.01 & 48.02, Fla.Stat., F.S.A. Appellant does not claim that appellee failed to comply with this statute, and since the action is one properly within that statute then the court acquired jurisdiction over the subject matter of the litigation. Therefore, the trial court properly denied the appellant’s motion.

The order appealed is affirmed.

Affirmed.


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    …days prior thereto is wholly ineffective to confer jurisdiction on the District Court.6 Petitioner — as an additional point— argues that the order — written or oral — is not a reviewable judgment because it is interlocutory, and cites State v. Lee, 170 So. 2d 464 (2d Dist.Ct.App.Fla.1965), in support of that contention. Since the Lee decision, the rules have been amended to provide that, for the purposes of appeal by the State under the provisions of Section 924.07(1), Florida Statutes 1967, F.S.A., an “orde…

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