Jones ex rel. Jones v. Lucks

LETTS, Judge.

This interlocutory appeal comes to us from an order denying the appellant’s motion to dismiss the complaint, predicated on an insufficiency of process under Fla.R. Civ.P. Rule 1.140(b). We reverse.

This case involves service of process on a minor pursuant to Section 48.041(1). The pertinent language of that statute is as follows:

Process against a minor who has never been married . . . shall be served: (1) By READING the process to the minor . . . to be served (Emphasis supplied).

The record reflects that the deputy sheriff who effected service handed over the papers and said only,…