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BENITEZ v. INS. CO. OF NORTH AMERICA

No. 80-389.

385 So.2d 128 (1980)

Angel BENITEZ, Emmco Insurance Company, Excel Insurance Company and Washington Insurance Company d/b/a Providence Washington Insurance Company, Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Andres Delgado, Julia Delgado and Hortencia Doveych, Appellees.

District Court of Appeal of Florida, Third District.

June 17, 1980.

Attorney(s) appearing for the Case

Kahn & Gustafson and Richard W. Driscoll, Ft. Lauderdale, for appellants.

Reginald M. Hayden and John D. Kallen, Miami, for appellees.

Before BARKDULL, HUBBART and BASKIN, JJ.

PER CURIAM.

The order under review is reversed upon a holding that the trial court did not acquire jurisdiction over the defendant Angel Benitez as the substituted service of process attempted herein under Section 48.161 and 48.171, Florida Statutes (1979), was legally ineffective for two reasons [either one of which was sufficient to defeat the substituted service of process] to wit: (a) the plaintiff Insurance Company of North America's complaint failed, as required...

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