VALERIE K. FREEDMAN, APPELLANT,
v.
EVELYN PATRICIA FREEDMAN, APPELLEE
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This case involves an appeal of an order denying a motion to quash service of process. The appellate court affirmed the lower court's decision, finding that constructive service was valid because the complaint sought to impose a trust on estate proceeds, not just damages.
Yes, the constructive service of process was valid because the complaint sought to impose a trust on estate proceeds, which is a permissible basis for constructive service, even though it also sought damages.
“It is urged that the appellant was not personally served and that constructive service of process fails to constitute sufficient service because the complaint seeks damages under a strictly common law tort theory.”
This quote outlines the appellant's argument against the validity of the service of process.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a defendant in the trial court, sought to quash service of process, arguing she was not personally served and that constructive service…
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By this interlocutory appeal one of the defendants in the trial court seeks review of an order denying her motion to quash service of process upon her. It is urged that the appellant was not personally served and that constructive service of process fails to constitute sufficient service because the complaint seeks damages under a strictly common law tort theory.
An examination of the complaint reveals that although it contains a prayer for the assessment of damages, it also seeks to impose a trust upon the proceeds of an estate that is being probated in Dade County, Florida. The order appealed from is affirmed upon authority of the rule stated in Vanstone v. Whitelaw, Fla.1967, 196 So.2d 425. It should be pointed out that appellant concedes the constructive service effected is not a basis for a personal judgment. See Ake v. Chancey, 152 Fla. 677, 13 So.2d 6, 9 (1943).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Alton M. Ake v. Chancey, 152 Fla. 677 (Fla. 1943)
- Plant City Ready-Mix Co. v. Bacon, 196 So. 2d 425 (Fla. 1967)