490 So. 2d 1049

Andres ARAUJO, Appellant, v. Leopoldo RAMIREZ-LIMON, Appellee.

No. 86-486.

District Court of Appeal of Florida, Third District.

July 1, 1986.

Ezell, Menendez & Patterson and William D. Matthewman, Miami, for appellant.

High, Stack, Lazenby & Palahach and Robert E. Stone, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and HUB-BART and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

The appellee Ramirez-Limon lived with his wife and children in Houston, Texas until he was imprisoned in a jail in Mexico, where he still remains. After his incarceration, his family moved to a home in Dade County, but Ramirez-Limon has never resided there. Because the appellee can hardly be said to have been “actually living [there] at the time of service,” Panter v. Werbel-Roth Securities, Inc., 406 So.2d 1267, 1268 (Fla. 4th DCA 1981), we agree with the trial court that the Dade County residence is not his “usual place of abode,” under section 48.031(1), Florida Statutes (1983).1 See State v. Heffeman, 142 Fla. 496, 195 So. 145 (1940); Hauser v. Schiff, 341 So.2d 531 (Fla. 3d DCA 1977); cf. Bull v. Kistner, 257 Iowa 968, 135 N.W.2d 545 (1965) (home where prisoner resided before imprisonment and where wife and children still live is his “usual place of abode”). Accordingly, the order quashing the substr-*1050tuted service of process attempted at that address through the appellee’s wife is

Affirmed.

Araujo v. Ramirez-Limon
490 So. 2d 1049

Case Details

Name
Araujo v. Ramirez-Limon
Decision Date
Jul 1, 1986
Citations

490 So. 2d 1049

Jurisdiction
Florida

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