SADLE FINE, APPELLANT,
v.
CLIFFORD C. SNYDER, M.D., APPELLEE
By this appeal, we are called upon to review an order dismissing plaintiff’s complaint for insufficiency of process as to the defendant, a medical practitioner. Service was attempted under the provisions of Ch. 47, Fla.Stat., F.S.A.
We affirm so much of the decree as granted the motion to dismiss for lack of jurisdiction over the person of the defendant because of insufficiency of process. See: Bergh v. Stephens, Fla.App.1965, 175 So.2d 787; Williams v. Duval County Hospital Authority, Fla.App.1967, 199 So.2d 299.
However, we find it was error for the trial court to have dismissed plaintiff’s complaint, as it stated a cause of action within the jurisdiction of the court.
Therefore, we affirm the order under review, except as modified herein.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bernard J. Rumsch, M.D. v. DeVANEY, 218 So. 2d 238 (Fla. 1st DCA 1969)…removed himself from this State were he to be sued for alleged malpractice occurring prior to his departure. This argument was rejected by our decision in the Williams case, supra. A similar result was reached by our sister court in Fine v. Snyder, 207 So. 2d 695 (Fla.App.3d 1968), in which the cited statute was held inapplicable to a medical practitioner for purposes of constructive service. Accordingly, the order appealed is reversed and the lower court is instructed to grant appellant’s motion to quash s…
Authorities Cited
- Bergh v. Hinson L. Stephens, 175 So. 2d 787 (Fla. 1st DCA 1965)
- Williams v. Duval Cnty. Hosp. Auth. of Duval Cnty., 199 So. 2d 299 (Fla. 1st DCA 1967)