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WITTENBERG v. TILFORD

No. 75-2034.

330 So.2d 216 (1976)

Jerry WITTENBERG, Appellant, v. George TILFORD and Ann Marie Tilford, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

April 13, 1976.

Attorney(s) appearing for the Case

Carey, Dwyer, Austin, Cole & Selwood, and David L. Swimmer, Miami, for appellant.

Alfred Gustinger, Jr., Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

This interlocutory appeal is taken from an order denying appellant Jerry Wittenberg's motion to dismiss and quash service of process. The plaintiff attempted to secure service upon this defendant pursuant to Fla. Stat. § 48.071. No other type of process was issued. The proof before the court demonstrates without issue that the defendant was not, at the time of the service of process, engaged in a business...

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