Florida District Courts of Appeal, 1987

Pomerantz v. Hollowell

Florida District Courts of Appeal · Decided February 24, 1987 · Baskin, Jorgenson, Nesbitt

502 So. 2d 1314; 12 Fla. L. Weekly 609; 1987 Fla. App. LEXIS 6920 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Planet Fitness International Franchise v. P JEG-United, LLC (District Court, D. New Hampshire 2022)
In re Marriage of Gonzalez (Fla. Dist. Ct. App. 1991)
Francini v. INTERN. MARBLE TRADES, INC. (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order denying Pomerantz’s motion to dismiss for improper service. It is well established that nonresident witnesses who voluntarily enter the state to testify in pending litigation are immune from service of process for a reasonable time before and after they testify. Stokes v. Bell, 441 So.2d 146 (Fla. 1983); Lienard v. De Witt, 153 So.2d 302 (Fla. 1963); Murphy & Jordan, Inc. v. Insurance Co. of N. Am., 278 So.2d 296 (Fla. 3d DCA 1973). The evidence established that Pomerantz was a resident of Georgia who entered Florida only to provide deposition testimony in a suit wherein he was not a party. As such, he was immune from service when he was served immediately following his deposition.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.