DEBORAH SABIO, APPELLANT,
v.
DANIEL J. RUSSELL, APPELLEE
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PER CURIAM.
Sabio appeals an order finding section 741.30, Florida Statutes (Supp.1984) unconstitutional and dismissing her petition, made pursuant to that section, seeking protection from domestic violence. We vacate the order appealed from with directions.
It is apparent from the record that Russell was never served with process and was not before the trial court. He is likewise not before this court. Consequently, any .adjudication as to the unconstitutionality of the enactment at issue constitutes an advisory opinion which neither court is authorized to issue. Sarasota-Fruitville Drainage District v. Certain Lands, 80 So. 2d 335 (Fla.1955); Ervin v. Taylor, 66 So. 2d 816 (Fla.1953). Accordingly, the order under review is vacated with directions to reinstate the petition.
Vacated with directions.
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Montano v. Montano, 474 So. 2d 345 (Fla. 3d DCA 1985)…case, this court found that the petitioner had not been properly served, see Montano v. Montano, 472 So. 2d 1377 (Fla. 3d DCA 1985). We accordingly dismiss the petition for certiorari which involves subject matter jurisdiction, see Sabio v. Russell, 472 So. 2d 869 (Fla. 3d DCA 1985). Certiorari dismissed.…
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Russell v. Zulla, 556 So. 2d 1241 (Fla. 5th DCA 1990)…ed information, the trial court erred in holding that the complaint attached to the affidavit cured the failure to originally serve a copy of the complaint on Russell. Cf. Coin Copies, Inc. v. Financial Federal Savings and Loan Ass’n of Dade County, 472 So. 2d 869 (Fla. 3d DCA 1985), (failure to mail a copy of the initial pleading along with the notice of action results in ineffective service by publication). As to Russell’s argument that the court abused its discretion in not imposing a fine upon the proces…
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Guggiari v. Eulalia Acosta Jara Peralta, 814 So. 2d 473 (Fla. 3d DCA 2002)…ppellate proceedings and makes its ultimate ruling, either party may appeal that decision, as of right. Any further action by this court now would be [*474] no more than an advisory opinion, which, of course, we will not issue. See Sabio v. Russell, 472 So. 2d 869 (Fla. 3d DCA 1985); see also Ervin v. City of North Miami Beach, 66 So. 2d 235 (1953). Affirmed. . Approximately $800,000 has been distributed to the husband. The question here is entitlement to the balance. With conflicting claims made upon it…
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- Ervin v. Taylor, 66 So. 2d 816 (Fla. 1953)
- Sarasota-Fruitville Drainage Dist. v. Certain Lands Within Said Dist. Upon Which Drainage Taxes FOR THE Year 1952 Have NOT Been Paid, 80 So. 2d 335 (Fla. 1955)