Johnstone v. J. W. English Enterprises, Inc.

This appeal from a final decree of foreclosure is based on a challenge by the defendant of service upon him by publication. Appellee sued appellant to foreclose a mortgage in Dade County. Service was obtained on the defendant by publication as provided for by Chapter 48, Fla.Stat., F.S. A., on an affidavit of non-residence. When the mortgage was made the defendant was living in the city of Homestead in Dade County. When suit was commenced she was residing in Perry, Florida, in a part of the state distant or remote from Dade County.

After the final decree was entered the defendant filed a…