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288 So. 2d 283

Drucker v. Fernandez

District Court of Appeal of Florida

Decided January 15, 1974

District Court of Appeal of Florida · decided 1974-01-15

Relies on 237 So. 2d 592 - Tjk v. Nb · 148 So. 2d 735 - De Moya v. De Pena

Decided 1974-01-15

PER CURIAM.

¶1Defendant-appellant seeks review of the trial court’s order finding the court to have jurisdiction over the defendant in a paternity suit action.

¶2Plaintiff attempted service of process upon the defendant, a member of the armed forces, by publication in a newspaper. The defendant moved to quash service of process on the grounds for lack of jurisdiction over the person. The court denied the motion and defendant appealed therefrom.

¶3Jurisdiction to determine the question of paternity cannot be acquired in a paternity suit through constructive service by publication on the defendant. See F.S. § 49.-011, F.S.A. Cf. deMoya v. dePena, Fla.App.1963, 148 So.2d 735; T.J.K. v. N.B., Fla.App.1970, 237 So.2d 592.

¶4Accordingly, the order finding the court to have jurisdiction to determine paternity is reversed and this cause is remanded to the trial court for entry of an order consistent herewith.

¶5Reversed and remanded with directions.

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