HERMAN BISTRICER AND BETTY BISTRICER, APPELLANTS,
v.
JOSEPH W. EHRENREICH AND ATLANTIC COAST DEVELOPMENT CORP., ETC., ET AL., APPELLEES
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PEARSON, Judge.
The defendants, Herman Bistricer and Betty Bistricer, appeal an order denying their motion to dismiss for failure to acquire personal jurisdiction over them pursuant to Sections 48.161 and 48.181, Florida Statutes (1975).1 It affirmatively appears from the complaint filed that the plaintiffs do not allege that these defendants are non-residents of the State of Florida or, in the alternative, that they are concealing themselves.
The motion should have been granted pursuant to the rule set forth in Red Top Cab & Baggage Co. v. Holt, 154 Fla. 77, 16 So. 2d 649 (1944). See also Chase Manhattan Bank v. Banco Del Atlantico, 343 So. 2d 936 (Fla. 3d DCA 1977), and Nichols v. Seabreeze Properties, Inc., 302 So. 2d 139 (Fla. 3d DCA 1974).
Reversed.
. The appellees have failed to file a brief in support of the order that they received from the trial court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ferguson v. McWILLIAMS, 483 So. 2d 509 (Fla. 4th DCA 1986)…ss should be granted.” Drake v. Scharlau, 353 So. 2d 961, 964 (Fla. 2d DCA 1978); see also Benitez v. Insurance Co. of North America, 385 So. 2d 128 (Fla. 3d DCA 1980); Turcotte v. Graves, 374 So. 2d 641 (Fla. 4th DCA 1979); Bistricer v. Ehrenreich, 346 So. 2d 624 (Fla. 3d DCA 1977); Henschel-Steinau Co. v. Harry Schorr, Inc., 302 So. 2d 198 (Fla. 4th DCA 1974). Since the plaintiff's complaint in the case at bar is devoid of any jurisdictional allegations which would justify substituted service of process,…
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Benitez v. Ins. Co. OF N. Am., 385 So. 2d 128 (Fla. 3d DCA 1980)…ndant was, as required by law, either a non-resident of Florida or was concealing his whereabouts. Bird v. International Graphics, Inc., 362 So. 2d 316 (Fla. 3d DCA 1978); Leviten v. Gaunt, 360 So. 2d 112 (Fla. 3d DCA 1978); Bistricer v. Ehrenreich, 346 So. 2d 624 (Fla. 3d DCA 1977); Chase Manhattan Bank, N. A. v. Banco Del Atlantico, 343 So. 2d 936, 937 (Fla. 3d DCA 1977); Elmex Corp. v. Atlantic Federal Savings and Loan Ass’n., 325 So. 2d 58, 61-62 (Fla. 4th DCA 1976). Upon this reversal, the cause is reman…
Authorities Cited
- Nichols v. Seabreeze Props., Inc., 302 So. 2d 139 (Fla. 3d DCA 1974)
- Spessard L. Holland v. Watson, 154 Fla. 64 (Fla. 1944)
- Chase Manhattan Bank, N.A. v. Banco del Atlantico, 343 So. 2d 936 (Fla. 3d DCA 1977)
- Revell v. J. G. Anderson Realty Co., 154 Fla. 77 (Fla. 1944)