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CORNEAL v. O'BRIEN

No. 97-1309.

707 So.2d 908 (1998)

F. Bruce CORNEAL, Appellant, v. Margery O'BRIEN, as Personal Representative for the Estate of Gaylord J. Hoftiezer, Appellee.

District Court of Appeal of Florida, Third District.

March 11, 1998.

Attorney(s) appearing for the Case

F. Bruce Corneal, in pro. per.

Clifford B. Hark, Miami; David Paul Horan, Key West, for appellee.

Before NESBITT, LEVY and SORONDO, JJ.

PER CURIAM.

Upon review of plaintiff below Margery O'Brien's Consent to Voluntarily Withdraw Default and to Remand, and upon our independent review of the record, we remand this matter to the circuit court with instruction to the clerk to vacate the default at issue.

When a complainant resorts to constructive service.... [w]here personal service of process cannot be had, then service of process by publication may be had upon the filing of an affidavit on...

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