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TOMS v. CITY OF CRYSTAL RIVER

No. 92-623.

609 So.2d 153 (1992)

Harold J. TOMS, Jr. and Charlotte Cunningham Toms, Appellants, v. CITY OF CRYSTAL RIVER, Florida, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 4, 1992.

Attorney(s) appearing for the Case

L.R. Huffstetler, Jr., Spring Hill, for appellants.

David L. Wilcox of Haag & Deutschman, P.A., Inverness, for appellee, Crystal River.

PER CURIAM.

We reverse because the record affirmatively shows that the appellee City of Crystal River failed to comply with section 49.10(1)(a), Florida Statutes (1991), which requires a notice of action to be published once during each week for four consecutive weeks to perfect service of process by publication. On remand, the trial court is directed to vacate the default entered by the Clerk of the Circuit Court against the appellants Harold G. Toms, Jr. and Charlotte...

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