Kinarti v. Kinarti
Kinarti v. Kinarti
Opinion of the Court
The Defendant below, in an action involving real property, appeals from a non-final Order which found that service of process by publication was adequate and effective as to one count of a multi-count complaint.
It is well-settled, under numerous appellate decisions of this State, that there is a distinction between in rem actions which directly affect real property, and in personam actions which indirectly involve real property. Those actions which indirectly involve land, and are therefore in personam in nature, include suits seeking the rescission or cancellation of a contract for the sale of land.
Count IX of the appellee’s complaint seeks rescission of a contract for the sale of land or, in the alternative, money damages for the alleged fraudulent transfer of property. As such, while the instant action may ultimately have an indirect affect on real property, it does not directly affect real property. Therefore, as an in personam action, service of process by publication was improper under Section 49.011, Florida Statutes (1997).
Reversed.
. The same service of process was found to be ineffective as to the remaining counts.
. Litigation directly affecting property would include partition actions, ejectment actions, condemnation actions, quiet title actions, an action to foreclose a mechanic’s lien, or an action to foreclose a mortgage on land. See Publix Super Markets, Inc. v. Cheesbro Roofing, Inc., 502 So.2d 484 (Fla. 5th DCA 1987).
.Based on the foregoing discussion and disposition of this case, there is no need for us to address the appellant’s contention that she was not a named party to Count DÍ of the Amended Complaint.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.