Palmer v. Palmer
| Decision Date | 20 January 1978 |
| Docket Number | No. HH-163,HH-163 |
| Citation | 353 So.2d 1271 |
| Court | Florida District Court of Appeals |
| Parties | Herman Thomas PALMER, Jr., Appellant (Respondent), v. Pamela Kay PALMER, Appellee (Petitioner). |
Clayton J. M. Adkinson of Thompson, Adkinson & Beasley, Defuniak Springs, for appellant.
E. Allan Ramey, Defuniak Springs, for appellee.
The wife filed a petition for dissolution of marriage which included claims for child support, alimony, attorney's fee and costs. The husband, a resident of Florida and a career Army officer stationed in Germany, was served with process by publication. The husband moved to dismiss the claims for child support, alimony, attorney's fee and costs on the ground that the court had not acquired in personam jurisdiction over him. The trial court denied the motion and the husband took this interlocutory appeal.
The husband contends that as he was served with process by publication the court obtained only in rem jurisdiction. The wife contends, and the trial court agreed, that although the husband was served by publication, the provisions of Section 48.193(1)(e) gave the court in personam jurisdiction. We agree with the husband and reverse.
Several sections of Chapter 48, Florida Statutes (1975), enacted in 1973, are involved here and they provide:
Prior to the enactment of Sections 48.193(1)(e) and (2), and 48.194, a plaintiff had to obtain personal service of process upon a defendant by serving the defendant personally in Florida. By this service plaintiff achieved in personam jurisdiction. Where personal service was...
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Mouzon v. Mouzon
...long-arm statute) is available, that service shall be used for both the dissolution action and the money demands. In Palmer v. Palmer, 353 So.2d 1271 (Fla. 1st DCA 1978) the court noted that prior to the enactment of section 48.193(1)(e) and (2), and 48.194, a plaintiff had to obtain person......
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Gelkop v. Gelkop
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McCabe v. McCabe
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Summons, service of process, and e-mail service
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Defaults and uncontested hearings
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Alternative dispute resolution and settlement
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