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MATTHEWS v. WELLS

No. 93-04025.

641 So.2d 478 (1994)

Eugene F. MATTHEWS, Appellant/Cross-Appellee, v. Charles B. WELLS, Larry Bahnsen, John Potts, Donald Roland, David G. Livingston, and Edward Norris, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

August 19, 1994.

Attorney(s) appearing for the Case

Stanley E. Marable, Sarasota, for appellant/cross-appellee.

Ronald A. Labasky, Leonard J. Dietzen, III, and Jennifer Parker LaVia of Parker, Skelding, Labasky & Corry, Tallahassee, for appellees/cross-appellants.

ALTENBERND, Judge.

Eugene F. Matthews appeals a final judgment entered pursuant to a directed verdict on his claims under 42 U.S.C. § 1983 (1988). The trial court directed a verdict because Mr. Matthews had failed to serve process on the Department of Insurance, pursuant to section 768.28(7), Florida Statutes (1989). We reverse because such service of process is not required for a federal civil rights claim.

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