SWAREK v. LINDSAY (2021)

Appellant, Gabriel Swarek, appeals from a final judgment of injunction for protection against domestic violence with minor child entered in favor of Appellee, Crystal Lindsay, his ex-wife. Appellant argues that the trial court lacked personal jurisdiction over him. Because Appellant was not personally served, as required by section 741.30, Florida Statutes, and Florida Family Law Rule of Procedure 12.610, and there was no evidence or finding of waiver of the right to personal service, we agree and reverse. See § 741.30(4), Fla. Stat. (2020) (“The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing.”); Fla. Fam. L. R. P. 12.610(b)(2)(A) (“Personal service by a law enforcement agency is required.”); see also § 741.30(6)(d)3., Fla. Stat. (requiring a temporary or final judgment on injunction to indicate on its face that “[t]he court had jurisdiction over the parties ․ and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process”); Thompson v. State, Dep't of Revenue, 867 So. 2d 603, 605 (Fla. 1st DCA 2004) (“[W]ithout proper service of process, the court lacks personal jurisdiction over the defendant.”); Sewell v. Colee, 132 So. 3d 1186, 1188 (Fla. 3d DCA 2014) (explaining that a party's attorney may be served only if the party has waived his or her right to personal service by authorizing the attorney to accept service on his or her behalf).^*

Reversed.

FOOTNOTES

FOOTNOTE.   In light of our reversal for lack of personal jurisdiction, we find the remaining issue on the merits moot.

Per Curiam.

Lewis, Rowe, and Winokur, JJ., concur.