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HOVARTH v. AETNA LIFE INS. CO.

No. 93-2088.

634 So.2d 240 (1994)

George HOVARTH, Appellant, v. AETNA LIFE INSURANCE COMPANY for the Use and Benefit of the VOLUNTARY BENEFIT PLAN FOR RETIRED EMPLOYEES OF WHITE MOTOR COMPANY, Appellee.

District Court of Appeal of Florida, Fifth District.

March 25, 1994.

Attorney(s) appearing for the Case

John C. Hubbard of William R. Northcutt, P.A., Indian Harbour Beach, for appellant.

Eddy R. Resnick of Gold Resnick & Segall, P.A., Tampa, for appellee.

COBB, Judge.

The issue on this appeal deals with the validity of service of process.

On January 14, 1993, a deputy sheriff went to the home of George Hovarth, who was then on vacation, in an attempt to deliver a summons and complaint.

Hovarth's son-in-law, Karl Biehl, who lived next door, had a key and was looking after the house taking in mail and newspapers while Hovarth was on vacation. Biehl was the person served even though he was not residing...

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