MELYANA KLUKEWICH, APPELLANT,
v.
JOHN B. HOWENSTINE, APPELLEE
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PER CURIAM.
The question presented by this appeal is whether long-arm jurisdiction can be exercised in connection with paternity and child support claims against an out-of-state putative father. The First District in Bell v. Tuffnell, 418 So. 2d 422 (Fla. 1st DCA 1982), rev. denied, 427 So. 2d 736 (Fla.1983), concluded that such jurisdiction was possible. The Second District reached the opposite result in State, Dep’t of Health & Rehab. Servs. v. Wright, 489 So. 2d 1148 (Fla. 2d DCA), rev. granted, No. 69,050 (Fla. Dec. 8, 1986).
These two cases are in direct conflict. We align ourselves with the well-reasoned opinion of the Second District in Wright and acknowledge direct conflict with the First District in Bell. There is no basis to conclude that consensual sex amounts to tortious activity. Accordingly, we hold that no tortious act has been committed which would confer jurisdiction under § 48.193(1)(b), Fla.Stat. (1983), nor was there an allegation that the defendant ever resided in Florida which would confer jurisdiction under § 48.193(1)(e), Fla.Stat. (1983). The order of the trial court dismissing the action is affirmed.
Affirmed.
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Citator
Cited By
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Melyana Klukewich v. Howenstine, 522 So. 2d 842 (Fla. 1988)…PER CURIAM. We have before us this petition to review Klukewich v. Howenstine, 508 So. 2d 471 (Fla. 3d DCA 1987). Because that decision is in direct and express conflict with Bell v. Tuffnell, 418 So. 2d 422 (Fla. 1st DCA 1982), rev. denied, 427 So. 2d 736 (Fla.1983), we have jurisdiction. Art. Y, § 3(b)(3), Fla. Const. We approve the decisi…
Authorities Cited
- Bell v. Vivien Joy Tuffnell, 418 So. 2d 422 (Fla. 1st DCA 1982)
- State v. Wright, 489 So. 2d 1148 (Fla. 2d DCA 1986)