GABRIEL SWAREK
v.
CRYSTAL LINDSAY
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The appellate court reversed a domestic violence injunction against Gabriel Swarek because he was not personally served with the petition and notice of hearing, which is required by Florida law for the court to have personal jurisdiction. This decision highlights the strict requirements for service of process in domestic violence cases.
No, the trial court lacked personal jurisdiction over the appellant because he was not personally served with the petition and notice of hearing, and there was no evidence of waiver of this requirement.
[1] Personal service by law enforcement is a mandatory prerequisite to a trial court's exercise of personal jurisdiction in domestic violence injunction proceedings under Flo…
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Join FLexlaw to unlock all legal intelligence“Because Appellant was not personally served, as required by section 741.30, Florida Statutes, and Florida Family Law Rule of Procedure 12.610, and there was no evidence or finding of waiver of the right to personal service, we agree and reverse.”
Establishes the basis for the appellate court's decision to reverse the lower court's judgment.
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Join FLexlaw to unlock all legal intelligenceGabriel Swarek appealed a domestic violence injunction entered against him in favor of his ex-wife, Crystal Lindsay. Swarek argued that the trial cour…
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PER CURIAM.
Appellant, Gabriel Swarek, appeals from a final judgment of injunction for protection against domestic violence with minor child entered in favor of Appellee, Crystal Lindsay, his ex-wife. Appellant argues that the trial court lacked personal jurisdiction over him. Because Appellant was not personally served, as required by section 741.30, Florida Statutes, and Florida Family Law Rule of Procedure 12.610, and there was no evidence or finding of waiver of the right to personal service, we agree and reverse. See § 741.30(4), Fla. Stat. (2020) (“The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing.”); Fla. Fam. L. R. P. 12.610(b)(2)(A)
(“Personal service by a law enforcement agency is required.”); see also § 741.30(6)(d)3., Fla. Stat. (requiring a temporary or final judgment on injunction to indicate on its face that “[t]he court had jurisdiction over the parties . . . and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process”); Thompson v. State, Dep’t of Revenue, 867 So. 2d 603, 605 (Fla. 1st DCA 2004) (“[W]ithout proper service of process, the court lacks personal jurisdiction over the defendant.”); Sewell v. Colee, 132 So. 3d 1186, 1188 (Fla. 3d DCA 2014) (explaining that a party’s attorney may be served only if the party has waived his or her right to personal service by authorizing the attorney to accept service on his or her behalf).*
REVERSED.
LEWIS, ROWE, and WINOKUR, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Newson v. State, 867 So. 2d 603 (Fla. 2d DCA 2004)
- Sewell v. Colee, 132 So. 3d 1186 (Fla. 3d DCA 2014)