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CROSS v. KALINA

No. 95-2049.

681 So.2d 855 (1996)

Michael Scott CROSS, Appellant, v. Craig KALINA, Appellee.

District Court of Appeal of Florida, Fifth District.

October 18, 1996.

Attorney(s) appearing for the Case

Neil A. Roddenbery of Crawford & Roddenbery, P.A., Lakeland, for Appellant.

No Appearance for Appellee.

THOMPSON, Justice.

Michael Scott Cross ("Cross") appeals the trial court's non-final order denying his motion to abate or in the alternative, dismiss. Cross argues that the trial court lacked personal jurisdiction because Craig Kalina, the plaintiff below, never established that he made a diligent search and inquiry before using substituted service. §§ 48.161, 48.171 Fla. Stat. (1995). We find Kalina did not meet his burden, thus his use of substituted service...

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