Rumeli v. City of Tampa

Citations

• 48 Fla. 112

Syllabus

<p>1. To what may have been intended as an affidavit for publication to bring in a non-resident defendant, was appended an unsigned and undated jurat, nor was there proof offered that any one authorized to take affidavits actually took the jurat but neglected to'affix his signature or seal. Held, that such a paper is not a sufficient predicate for constructive service.</p> <p>2. Absence of necessary parties may be noticed in this court on error assigned by any party.</p> <p>3. An appeal operates as an appearance, which will permit the court below, after reversal, to proceed with the case.</p>