BARTON v. KEYES COMPANY

No. 74-1249.

305 So.2d 269 (1974)

Robert B.M. BARTON et al., Appellants, v. The KEYES COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 31, 1974.


Attorney(s) appearing for the Case

William J. Pruitt, Redfearn & Simon, Miami, for appellants.

Sager & Burns, Wolf & Schoninger and David R. Weissman, Miami, for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.


PEARSON, Judge.

Appellants Barton were sued in Florida by appellee Keyes Company in an action claiming breach of a contract to pay a real estate commission. The Bartons are residents of the state of Massachusetts; service of process was attempted pursuant to Fla. Stat. § 48.194. The Bartons moved to dismiss on the grounds that they, as non-residents, (1) were not subject to the process issued and (2) were not served in conformity with the Florida Statutes. The...

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