Geneus v. Department of Revenue
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 EBEL GENEUS, Appellant, v. DEPARTMENT OF REVENUE o/b/o CLAUDIE DAOUT, Appellee. No. 4D05-3827 [August 9, 2006] KLEIN, J. This appeal involves a paternity action in which a judgment was entered against appellant based on a default. Appellant moved to vacate the judgment on the ground that service of process was insufficient because the paternity action named Ebel Shalom, but was served on appellant. Through his sworn motion to vacate the judgment, appellant asserted that he had never known the mother, had never been known as Ebel Shalom, and that he was not a party to this action. Although, after a series of unsuccessful attempts to serve Shalom, a return of service was filed stating that the named person had been served at an address where appellant resided, this service was insufficient to put appellant on notice that he was a defendant in this case. The paternity judgment is accordingly void for lack of personal jurisdiction and reversed. WARNER and GROSS, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Aramony, Judge; L.T. Case No. 02-10728 4093. Alan R. Burton, Fort Lauderdale, for appellant. No brief filed for appellee. Not final until disposition of timely filed motion for rehearing.
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