Antonio Pina appeals
The parties were residents of the Netherlands, Antilles. Karen moved to Florida with the parties’ two children and filed a dissolution petition. Process was served on Antonio in Curacao by a process server for courts in the Netherlands, Antilles, pursuant to section 48.194, “personal service outside the state.” It provides:
Service of process on persons outside of this state shall be made in the same manner as service within this state by any officer authorized to serve process in the state where the person is served. No order of court is required. An affidavit of the officer shall be filed stating the time, manner, and place of service. The court may consider the affidavit, or any*1162 other competent evidence, in determining whether service has been properly made.
A translation of the return of service states that the process server, Rogelio Ci-priano Ersilia, personally left the dissolution papers with Antonio at his residence, at Hendriklaan No. 5, in Curacao, on June 13, 1988. However, Rogelio did not state the time of day he served the papers. Further, he signed an acknowledgment rather than an oath or affidavit before the notary public. It states:
Acknowledgement
Before me the Undersigned Miguel Lionel Alexander, LL.M, a Civil Law Notary, residing in Curacao, Netherlands Antilles, on this 15th day of June 1988, personally appeared Mr. Rogelio Cipriano Ersilia, known to me to be the person whose name is subscribed to the foregoing document, and who acknowledged to me that he executed the same for the purposes therein expressed.
Subscribed before me on the date aforementioned.
Strict compliance with service of process statutes and procedures for out-of-state service is generally required. See Electro Engineering Products Co., Inc. v. Lewis,
Confusion often arises between an affidavit and an acknowledgment. Both memorialize acts done before a notary. But, in an affidavit, which is required by section 48.194, the person swearing before the notary must under oath assert that the facts set forth in the document are true.
Where an affidavit is called for, an acknowledgment will not suffice. Hammond v. Eastmoore,
REVERSED.
Notes
. This is a non-final appeal contesting personal jurisdiction. Rule 9.130(a)(3)(C)(i).
. 1 Fla.Jur.2d "Acknowledgments” § 37 (1977).
. 1 Fla.Jur.2d “Acknowledgments” § 1 (1977).
