HEINZ PAVING & ASPHALT CO., INC. v. JAROSZ CONST. CO., INC.

No. 88-2533.

541 So.2d 115 (1989)

HEINZ PAVING & ASPHALT COMPANY, INC., a Florida Corporation, Appellant, v. JAROSZ CONSTRUCTION COMPANY, INC., a Florida Corporation, Wilhelm Gohmann, Individually, Belle Margolis and Avis Bond, D/B/a 380 Bomarco, John L.A. Bond and David R. Margolis, D/B/a 366 Bomarco, R.R.E., Inc., a Florida Corporation, Kiefer Glass, Inc., Hawthorne Electric Corporation, Cuyahoga Wrecking Corporation, a Florida Corporation, and Brothers Concrete Pumping Service, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 2, 1989.


Attorney(s) appearing for the Case

Joseph L. Daye, Fort Lauderdale, for appellant.

Charles Wender of Smith, Smith and Wender, P.A., Boca Raton, for appellees.


ANSTEAD, Judge.

This is an appeal from a non-final order granting the motion to dismiss by appellee, Wilhelm Gohmann, a resident of West Germany, based on the improper service of process on his attorney-in-fact. This court has jurisdiction to hear this appeal pursuant to rule 9.030(b)(1)(B), Florida Rules of Appellate Procedure. We reverse.

The appellant, Heinz Paving & Asphalt Company, Inc., worked on Gohmann's property in Palm Beach County. It performed...

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