VIATOR v. MORGAN CONST. CO.

No. EE-282.

344 So.2d 657 (1977)

Caissius Q. VIATOR, Jr., and Cynthia K. Viator, His Wife, Appellants, v. MORGAN CONSTRUCTION COMPANY, a Massachusetts Corporation, Appellee.

District Court of Appeal of Florida, First District.

April 19, 1977.


Attorney(s) appearing for the Case

Anthony I. Provitola, Deland, for appellants.

Robert W. Elton of Smalbein, Eubank, Johnson, Rosier & Bussey, Daytona Beach, for appellee.


McCORD, Judge.

This is an appeal from an order granting appellee's motion to dismiss for lack of jurisdiction over the person. Appellants filed suit against appellee, a Massachusetts corporation, and attempted substituted service which was not effected. Thereafter, appellee's counsel filed a "Notice of Appearance" and approximately six months later moved to dismiss the complaint upon the ground, among others, of lack of jurisdiction over the person. The motion was...

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