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IN THE CIRCUIT COURT OF THE ~
NINETEENTH JUDIGIAL CIRCUIT t
IN AND FOR ST. LUCIE COUNTY
FLORIDA.
;
CASE NO. 87-274-CA-1$
CHARLES F. VTOHL,
•-r
Plaintiff,
L
V S Y. ~ J
~ ~
ROBERT C. KNOWLES, r'
c= . co
.
Defendant. -o
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c.
ORDER ON SERVICE OF PROCESS
AND PETITIONER'S MOTION FOR DEFAULT ~
This Cause came before the Court on April 16, 1987.
At the time of the hearing, the Resoondent appeared
specially contesting this Court's jurisdiction on the basis
that he had not been properly served with process and request-
ing this case to be dismissed.
In reviewing the file, it is clear that Respondent was
not praperly served in accordance with F.S. 98.021 and F.S.
48.031. At the time of the hearing, the Court explained the
requirements of those statutes to Petitioner.
Subsequently (by letter dated April 2U, 1987), Petitioner
requested the Court issue a default against Respondent.
Notwithstanding whether Petitioner's action does-or .
does not have merit, this Court simply lacks jurisdiction over
f the Respondent in this case and cannot proceed until that is
~ properly attained, Galarza v. Arrequi, 422 So. 2d 1091 (Fla. 3rd
~ DCA 1982). It is thereupon
.ORDERED as follows:
1. Service of process in this matter is quashed for
failure to comoly with F.S. 48.021 and F.S. 48.031.
2. Petitioner shall have thirty (30) days t'~i effectuate
proper service or this case shall be deemed dismissed for Zack of
personal jurisdiction over the Respondent, Galarza, supra.,
without prejudice. ~
3. Petitioner's Motion for default against Respondent
is denied.
eooK 540 PacE 931
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