EMIR SHAMMAY, APPELLANT,
v.
TERRY SHAMMAY, APPELLEE
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PER CURIAM.
By this interlocutory appeal, we are asked to review a non-final order denying a motion to dismiss the complaint herein for lack of personal jurisdiction over the defendant. Fla.R.App.P. 9.130(a)(3)(C)(i). The complaint filed in this cause for dissolution of marriage against the defendant Emir Shammay, a non-resident of Florida, fails, to contain any allegations concerning the statutory basis authorizing service on the non-resident defendant as required by Fla.R.Civ.P. 1.070(i). The trial court therefore committed error in denying the motion to dismiss the complaint herein for failure to include these essential allegations of proper service. See White v. Kirsch, 427 So. 2d 1119 (Fla. 3d DCA 1983). The order under review is reversed and the cause is remanded to the trial court with directions to dismiss the complaint with leave to amend; the defendant need not be reserved upon remand.
Reversed and remanded.
PER CURIAM.
The defendant Emir Shammay has filed a motion for rehearing or clarification and contends that the failure to adequately allege in the complaint the statutory basis authorizing service, as here, voids any service of process made upon him, Mouzon v. Mouzon, 458 So. 2d 381, 383 (Fla. 5th DCA 1984), and that, consequently, he must be properly re-served upon remand. We entirely agree. The motion for rehearing is granted; the statement in the court’s opinion that the defendant need not be reserved upon remand is stricken; and, upon remand, the defendant must be properly served in the event the complaint herein is properly amended.
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Emir Shammay v. Shammay, 491 So. 2d 284 (Fla. 3d DCA 1986)…his case was first before this court, we reversed an order denying a motion to dismiss for failure to allege any statutory basis authorizing service on a nonresident defendant pursuant to Florida Rule of Civil Procedure 1.070(i). Shammay v. Shammay, 467 So. 2d 1040 (Fla. 3d DCA 1985). The amended complaint now alleges, as a basis for long-arm jurisdiction, that the defendant resided in this state preceding the commencement of the action. It is Terry’s contention that the undisputed conduct of the parties sati…
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Laney v. Laney, 487 So. 2d 1109 (Fla. 1st DCA 1986)…the result that there ... [is] no in personam jurisdiction over the respondent husband.” Mouzon v. Mouzon, 458 So. 2d 381, 383 (Fla. 5th DCA 1984) (emphasis in original); see Kimbrough v. Rowe, 479 So. 2d 867 (Fla. 5th DCA 1985); Shammay v. Shammay, 467 So. 2d 1040 (Fla. 3rd DCA 1985) (on rehearing). In the case at bar, the petition contained no allegations that .would constitute a basis for personal jurisdiction over the non-resident husband. Specifically, the petition failed to allege that the parties had m…
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The City Contract BUS Serv., Inc. v. H.E. Woody, 515 So. 2d 1354 (Fla. 1st DCA 1987)…equately allege the basis for invoking long-arm jurisdiction over a non-resident defendant voids any service of process. Kim-brough v. Rowe, 479 So. 2d 867 (Fla. 5th DCA 1985). Therefore, on remand, Georgia Bus must be re-served. Shammay v. Shammay, 467 So. 2d 1040 (Fla. 3d DCA 1985). . Ch. 84-2, Laws of Florida, amended both the statutes and the amendments became effective on April 25, 1984. American Motors Corp. v. Abrahantes, 474 So. 2d 271 (Fla. 3d DCA 1985).…
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- Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984)
- White v. Kirsch, 427 So. 2d 1119 (Fla. 3d DCA 1983)