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IN THE SUPREME COURT OF FLORIDA - page 17 / 26

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17 / 26

continues to reside.

The essence of Shurman's appeal

is that his "usual place of

abode" for service of process purpose

s was not where he had

voluntarily lived with his family bef

ore going to jail, but was

instead the prison where he resided a

t

the

time

of

service.

In

rejecting this construction of the te

rm "place of abode," the

Fifth District cited with approval th

e trial court's reliance on

Bull v. Kistner, 135 N.W.2d 545 (Iowa

1965) quoted in Araujo v.

Ramirez-Limon, 490 So.2d 1049, 1049 (

Fla.

3d

DCA

1986).

4

R2:7-8.

Faced with identical facts to this ca

se, the Kistner court

construed the meaning of "usual place

of abode" to mean

"domicile" and observed that:

where one abode or occupying otherwise

voluntarily establishes a place of residence but is prevented from it, by acts of sovereign or , his place of abode is not changed.

Id. at 54 Ill. 1947 prevents court rea place of

7

(quoting Bohland v. Smith

)). the

Because prison is a pl defendant from occupyin

soned, abode.

the family home Id. at 548.

rema

, 7 F.D.R. 364, 365 (E.D. ace of punishment which g his chosen residence, the ins the defendant's usual

(N.Y.A.D.

1 Dept. 1994).

that if a

person leaves

to be occ

upied by other

a home

for p

family

membe

R2:9; App.

When service o "the Kist N.Y.S.2d

adopting that reasoning an f process in this case, the ner rationale was followed 401, 403 (N.Y. Sup. Ct. 199

d approving Atlantic's

Fifth District noted that in Montes v. Seda, 599 3), aff'd, 626 N.Y.S. 2d 61

that

home

continues

person

does

not

rs,

that

rison

but

1.

There, the court held

4

In Araujo, service was invalidated when made on an incarcerated

defendant by serving a family member at a new house to which the

family had moved after the imprisonment and where

incarcerated defendant had never resided. cited Bull v. Kistner in comparison.

Id.

at

the 1049.

Araujo

10

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