CARL RESSLER, APPELLANT,
v.
JOSEPH SENA, APPELLEE
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WALDEN, Judge.
This is a dispute between a landlord and tenant. The tenant sued the landlord for a money judgment in “. . . an action for damages arising out of the breach of a lease agreement pertaining to real estate..."
The tenant obtained constructive service of process upon the out-of-state landlord via publication under F.S. 49.011, Laws of 1973. The landlord’s motion to quash serv ice of process was denied. He appeals. We reverse.
We have examined the tenant’s complaint with care (and without the benefit of his appellate advice). It alleges no in rem jurisdiction. It is simply an action ex contractu — a suit for damages based on breach of contract. This being true, the service attempted on the landlord under F. S. 49.011, Laws of 1973, was void. We reverse upon authority of Clark v. Realty Investment Center, Inc.; 252 So. 2d 589 (3d D.C.A.Fla.1971).
Reversed.
MAGER and DOWNEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bedford Computer Corp. v. Graphic Press, Inc., 484 So. 2d 1225 (Fla. 1986)…this state have followed this rule in the context of contract disputes such as the one here. Gaskill v. May Brothers, Inc., 372 So. 2d 98 (Fla. 2d DCA 1979); Shannon v. Great Southern Equipment Co., 326 So. 2d 19 (Fla. 2d DCA 1976); Ressler v. Sena, 307 So. 2d 457 (Fla. 4th DCA 1975); Clark v. Realty Investment Center, Inc., 252 So. 2d 589 (Fla. 3d DCA 1971). The fact that the defendant received actual notice of this lawsuit does not render the service of process valid. This Court held in Napolean B. Broward…
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Huguenor v. Huguenor, 420 So. 2d 344 (Fla. 5th DCA 1982)…rsion. It is simply not the type of action where service of process may be obtained by publication. See, e.g., Alan Restaurant Corp. v. Walder, 399 So. 2d 1128 (Fla.4th DCA 1981); Drake v. Scharlau, 353 So. 2d 961 (Fla.2d DCA 1978); Ressler v. Sena, 307 So. 2d 457 (Fla.4th DCA 1975). Appellee contends that because Winifred committed the tort while acting as the personal representative of Lloyd, Jr.’s estate in Volusia County, she becomes personally liable to interested persons under section 733.609 and secti…
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NEW England Rare Coin Galleries, Inc. v. Robertson, 506 So. 2d 1161 (Fla. 3d DCA 1987)…anding prevented it from reaching the merits of New England’s motion, we do not remand the matter to the trial court for ruling since a default is patently void, see, e.g., Callaghan v. Callaghan, 337 So. 2d 986 (Fla. 4th DCA 1976); Ressler v. Sena, 307 So. 2d 457 (Fla. 4th DCA 1975), where, as here, the action is one for damages arising out of breach of contract, breach of warranty, fraud and negligent misrepresentation, and thus, service of process by publication, expressly limited to quite different action…
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- Clark v. Realty Inv. Ctr., Inc., 252 So. 2d 589 (Fla. 3d DCA 1971)