Rumsch v. DeVaney

SPECTOR, Judge.

This is an interlocutory appeal by one of several defendants in a medical malpractice suit seeking a reversal of an order by the trial court relating to service of process on the appellant. It appears from the agreed facts that at the time of the filing of this action appellant was not and is not presently a resident of this State.

Constructive service was attempted to be made by the plaintiffs upon appellant under the provisions of Section 47.16(1), Florida Statutes, F.S.A. [now 48.181]. Thereafter on January 31, 1967, appellant filed his motion to dismiss the complaint and to…