CHARLES ALBERT MULLINS, APPELLANT,
v.
FRANK MARKS, APPELLEE
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PER CURIAM.
Appellant, defendant below, takes this interlocutory appeal from an “order denying motion to quash process and service of process.” We reverse.
Appellant, a North Carolina resident, was served with process while waiting in the anteroom of a Broward Circuit Court Judge’s chambers to testify. The suit being litigated at the time of service was a post-dissolution of marriage matter between appellant and his former wife. The complaint served on appellant in the courthouse was filed by appellant’s ex-wife’s attorney and was based upon defamation of character. In that there was no identity of parties and issues between the suit being litigated and the defamation action, appellant was entitled to immunity from service of process while attending court; for a reasonable time both before and after the court proceedings; and while returning to his North Carolina residence. Lienard v. DeWitt, 153 So. 2d 302 (Fla.1963); State ex rel Ivey v. Circuit Court of Eleventh Judicial Circuit, 51 So. 2d 792 (Fla.1951); Rorick v. Chancey, 130 Fla. 442, 178 So. 112 (1937); Bruner v. Robins, 191 So. 2d 567 (Fla. 3d DCA 1966).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cerf v. Cerf, 421 So. 2d 1100 (Fla. 3d DCA 1982)…ey have, however, applied the rule to nonresident suitors and witnesses. Rorick v. Chancey, 130 Fla. 442, 178 So. 112 (1937); Crane v. Hayes, 253 So. 2d 435 (Fla.1971); State ex rel. Cox v. Adams, 148 Fla. 426, 4 So. 2d 457 (1941); Mullins v. Marks, 353 So. 2d 942 (Fla. 3d DCA 1978); Murphy & Jordan, Inc. v. Insurance Co. of North America, 278 So. 2d 296 (Fla. 3d DCA 1973); Bruner v. Robins, 191 So. 2d 567 (Fla. 3d DCA 1966); see State ex rel. Ivey v. Circuit Court of Eleventh Judicial Circuit, 51 So. 2d 792…
Authorities Cited
- Rorick v. Chancey, 130 Fla. 442 (Fla. 1937)
- State Ex Rel. Ivey v. Cir. Court of Eleventh Jud. Cir., 51 So. 2d 792 (Fla. 1951)
- Lienard v. DeWITT, 153 So. 2d 302 (Fla. 1963)
- Faye Bruner v. Robins, 191 So. 2d 567 (Fla. 3d DCA 1966)