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IN THE SUPREME COURT OF FLORIDA - page 18 / 26

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abandon the family home as his usual place of abode.

Id.

(citations omitted).

As the Montes court explained:

A degree of permanence and stability cannot be ascribed to a location to which the sovereign involuntarily places a person (at least in cases not involving long term imprisonment). Prison is where one resides as

a means general family.

of punishment, segregation from the society and away from one's home and

It

should

not,

in

cases

of

a

prisoner having a family the person's dwelling or

home, be considered usual place of abode

which,

as

indicated

above,

connotes

a

concept

of permanency.

5

Id.

at

403.

Cf.,

Saienni

v.

Oveide,

355

A.2d

707

(Del. Super

1976) (usual place of abode not same as domicile;

where actually

lives is controlling); Fidelity & Deposit Co. of Maryland v.

Abagnale, 234 A.2d 511 (N.J. Super 1967) (place of abode is where

one

actually

lives

when

served).

The

rationale

was

properly

applied here.

The decisions of the Iowa and New York courts have added

weight because they are consistent with cases interpreting the

similar service of process provision contained in Rule 4(e)(2) of

the

Federal

Rules

of

Civil

Procedure.

See,

Rule

4(e)(2),

5 Shurman also asks long enough to be c

the statute.

Br.12

Court because

there

length

of

Shurman's

the Court to determine when incarceration is onsidered one's place of abode for purposes of , 25. However, this issue is not before the

is nothing in the record

incarceration.

Although

establishing the Shurman claims he

advised

the

trial

c

ourt

of

his

prison

term

at

the

evidentiary

12

) a review of the

i

ncarceration (May

transcript reveals only the 2, 1997, approximately nine

hearing,

date

of

(Br.

at

Shurman's

months

before

he

wa

s

served

with

process

in

this

action)

not

the

length of the Clerk

his sente

nce.

of this C

ourt

,

A.2, p. 19. Mr. Shurman

Per the address provided is no longer in prison.

to

11

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