Legal Opinion

Durkee v. Durkee

District Court of Appeal of Florida

Decided June 29, 2005No. 4D04-3563PublishedCited by 2 opinions

1Opinion of the CourtKlein, J.

This is a non-final appeal from an order denying Mr. Durkee’s motion to dismiss asserting insufficient service of process and lack of personal jurisdiction. He argues that, because he is a Texas resident, and his activities in Florida do not satisfy due process or the Florida long arm statute, his motion to dismiss should have been granted. He was, however, personally served while he was present in Florida, which makes his argument involving the long arm statute and due process irrelevant. We affirm.

Although the facts of Durkee’s residency are in dispute we shall assume, for purposes of…

2Cases cited7 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
  3. New York v. O'NEILLSupreme Court of the United States · 1959
  4. Hagen v. VineySupreme Court of Florida · 1936
  5. Lienard v. DeWittSupreme Court of Florida · 1963

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3Cited by2 opinions

  1. NetApp Inc. v. Jon Thorgrimur StefánssonDistrict Court, M.D. Florida · 2026
  2. SERVIQUIM CA, etc. v. MANUCHAR NV, etc.District Court of Appeal of Florida · 2023

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