MELYANA KLUKEWICH, PETITIONER,
v.
JOHN B. HOWENSTINE, RESPONDENT

Fla. | 1988-04-14
No. 70922
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur., KOGAN, J., dissents with an opinion in which BARKETT, J., concurs.
522 So. 2d 842 Florida Supreme Court (1988) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

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 decision of the third district.

The issue raised in this appeal is whether an allegation of paternity and child support obligation is sufficient to invoke jurisdiction under this state’s long-arm statute, section 48.193(l)(e), Florida Statutes, over a putative father who has left the state. We have recently resolved this issue in favor of the father in Department of Health and Rehabilitative Services v. Wright, 522 So. 2d 838 (Fla.1988). Because of our resolution of that case, we approve the decision of the Third District Court of Appeal.

It is so ordered.

MCDONALD, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur. KOGAN, J., dissents with an opinion in which BARKETT, J., concurs.

Dissent
KOGAN, Justice,

KOGAN, Justice,

dissenting.

I respectfully dissent based upon my dissenting opinion in Department of Health and Rehabilitative Services v. Wright, 522 So. 2d 838 (Fla.1988).

BARKETT, J., concurs.


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  • Colin Lloyd Fell v. Rowena ("Ronnie") E. Lesher, 529 So. 2d 831 (Fla. 4th DCA 1988)
    …PER CURIAM. The order denying appellant’s motion to set aside a default and default judgment for lack of in personam jurisdiction is reversed. See Klukewich v. Howenstine, 522 So. 2d 842 (Fla.1988); Department of Health & Rehabilitative Services v. [*832] Wright, 522 So. 2d 838 (Fla.1988). We reject appellee’s contention that appellant has waived his right to assert lack of jurisdiction due to an unreasonable delay in seeking to set…

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