ERIE INSURANCE EXCHANGE v. HOFFMAN

No. 74-671.

302 So.2d 445 (1974)

ERIE INSURANCE EXCHANGE, a Foreign Corporation, Appellant, v. Betty HOFFMAN, Individually, et al., Appellees.

District Court of Appeal of Florida, Third District.

November 5, 1974.


Attorney(s) appearing for the Case

Fowler, White, Humkey, Burnett, Hurley & Banick and Fred R. Ober, Miami, for appellant.

Abramson, Rosenthal & Scremin, Rentz, McClellan & Haggard, Miami, for appellees.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


PEARSON, Judge.

The issue of law presented by this interlocutory appeal is whether a foreign insurer neither licensed to do, nor engaged in, business within this state may be served pursuant to § 48.181, Fla. Stat. We hold that such a defendant is not properly served by the process prescribed in that statute when the only proof of the acceptance "of the privilege extended by the law to nonresidents and others to operate, conduct, engage in, or carry on a business...

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