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RISMAN v. WHITTAKER

No. 75-1192.

326 So.2d 213 (1976)

Robert B. RISMAN et al., Appellants, v. Margaret S. WHITTAKER et al., Appellees.

District Court of Appeal of Florida, Fourth District.

February 6, 1976.

Attorney(s) appearing for the Case

Maurice M. Garcia, of Abrams, Anton, Robbins, Resnick & Schneider, Hallandale, for appellants.

Floyd V. Hull, Jr., Fort Lauderdale, for appellee-Whittaker.

WALDEN, Chief Judge.

This interlocutory appeal presents a novel question concerning service of process statutes.

This is a mortgage foreclosure action. Defendants are nonresidents with known out of state addresses. Constructive service of process was duly perfected upon the defendants via Fla. Stat. § 49.021 (1973), which provides:

"49.021 Service of process by publication, upon whom. — Where personal service of process cannot be had,...

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