DOROTHY MEYER, ADMINISTRATRIX OF THE ESTATE OF ESTELLE ETTA AUSTIN, A/K/A ESTELLE AUSTIN, DECEASED, APPELLANT,
v.
KENNETH G. GOULD, M.D., AND ST. JOSEPH'S HOSPITAL, A FLORIDA CORPORATION, APPELLEES
DOROTHY MEYER, ADMINISTRATRIX OF THE ESTATE OF ESTELLE ETTA AUSTIN, A/K/A ESTELLE AUSTIN, DECEASED, APPELLANT,
KENNETH G. GOULD, M.D., AND ST. JOSEPH'S HOSPITAL, A FLORIDA CORPORATION, APPELLEES
300 So. 2d 730
Florida District Court of Appeal, Second District (1974)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This case is controlled by Maltempo v. Cuthbert, Fla.App.2d, 1974, 288 So. 2d 517, and DeLuca v. Mathews, Fla.App.4th, 1974, 297 So. 2d 854, which were decided while the appeal was pending. Since the judgment of dismissal was specifically predicated upon Fla.Stat. § 95.11(6), the other points raised by the motions to dismiss remain open for consideration.
Reversed and remanded.
HOBSON, Acting C. J., and McNULTY and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nichols v. Seabreeze Props., Inc., 302 So. 2d 139 (Fla. 3d DCA 1974)…the one seeking to effect service under the substituted service statutes to present facts which clearly justify applicability of the said statutes. Compare Pan Americana Television Los Angeles, Inc., v. Latin Media Consultants Corp., Fla.App. 1974, 300 So. 2d 730. We find that the allegations in the plaintiff’s complaint, standing alone, are not sufficient to support or substantiate the burden of the plaintiff in seeking to invoke the provisions of substituted service under Fla.Stat. §§ 48.161 and 48.181.…
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Simboli v. Miller, 326 So. 2d 251 (Fla. 3d DCA 1976)…Florida under the very sketchy facts set out above. See Youngblood v. Citrus Associates of New York Cotton Exchange, Inc., Fla.App.1973, 276 So. 2d 505, and Pan Americana Television Los Angeles, Inc. v. Latin Media Consultants, Corp., Fla.App.1974, 300 So. 2d 730. We hold that under the rule stated in Atlas Aircraft Corporation v. Buckingham, Fla.App.1974, 302 So. 2d 163, the plaintiff has failed to meet its burden of proof that the defendant was doing business in the State of Florida. Affirmed. NATHAN, J…
Authorities Cited
- Maltempo v. Cuthbert, 288 So. 2d 517 (Fla. 2d DCA 1974)
- DeLUCA v. Mathews, 297 So. 2d 854 (Fla. 4th DCA 1974)