DALIA SHEFER, APPELLANT,
v.
IZHAR SHEFER, APPELLEE
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PER CURIAM.
In a dissolution proceeding, the wife challenges the constructive service of process obtained over her pursuant to sections 49.-011(4) and 49.021, Florida Statutes (1981). She claims she was amenable to personal service of process pursuant to section 48.-193(1)(e), Florida Statutes (1981), particularly because her residence address was known to the husband. The long arm statute must be strictly construed. Bank of Wessington v. Winters Government Securities Corp., 361 So. 2d 757 (Fla. 4th DCA 1978). Since it is undisputed that the parties never maintained a marital domicile in this state, long arm personal service over her was an impossibility under section 48.-193(3). See Arnstein v. Arnstein, 422 So. 2d 1052, 1053 (Fla. 4th DCA 1982) (Anstead, J., specially concurring). Section 49.021 may be utilized only where, as here, personal service of process cannot be obtained.
Affirmed.
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Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)…...” Service by publication is less likely to provide effective notice to a defendant than personal service; thus, service by publication should only be used when necessary. See Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984); Shefer v. Shefer, 440 So. 2d 1319 (Fla. 3d DCA 1983); Taylor v. Lopez, 358 So. 2d 69 (Fla. 3d DCA 1978). If constructive service must be used, then it confers only in rem or quasi in rem jurisdiction upon the court. A personal judgment against a defendant based upon constructive se…
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McCABE v. McCABE, 600 So. 2d 1181 (Fla. 5th DCA 1992)…d provided all procedural requirements are complied with. See, e.g. Montano v. Montano, 520 So. 2d 52 (Fla. 3d DCA 1988); Whigham v. Whigham, 464 So. 2d 674 (Fla. 5th DCA 1985); Burton v. Burton, 448 So. 2d 1229 (Fla. 2d DCA 1984); Shefer v. Shefer, 440 So. 2d 1319 (Fla. 3d DCA 1983); Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980); Palmer v. Palmer, 353 So. 2d 1271 (Fla. 1st DCA 1978); Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976); Lahr v. Lahr, 337 So. 2d 837 (Fla. 2nd DCA 1976). . We have…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bank OF Wessington & Arnold Domke v. Winters Gov't Sec. Corp., 361 So. 2d 757 (Fla. 4th DCA 1978)
- Arnstein v. Arnstein, 422 So. 2d 1052 (Fla. 4th DCA 1982)