Legal Opinion

Beneficial Florida, Inc. v. Washington

District Court of Appeal of Florida

Decided September 21, 2007No. 5D07-159Published

1Opinion of the CourtOrfinger, J.

Beneficial Florida, Inc. appeals a non-final order quashing service of process on Ida Mae Washington.1 Beneficial contends that the trial court erred in quashing service of process on Ms. Washington without conducting an evidentiary hearing. We agree and reverse.

Beneficial filed a mortgage foreclosure complaint against Ms. Washington (and A1 Washington, Jr.). A return of service was executed and filed with the trial court. According to the return of service, individual service of process was effected on Ms. Washington.2 Because no responsive pleadings were filed by Ms. Washington, a default…

2Cases cited8 opinions

  1. Venetian Salami Co. v. ParthenaisSupreme Court of Florida · 1989
  2. Telf Corp. v. GomezDistrict Court of Appeal of Florida · 1996
  3. Chapman v. SheffieldDistrict Court of Appeal of Florida · 2000
  4. Emmer v. BrucatoDistrict Court of Appeal of Florida · 2002
  5. SOUTHEASTERN TERMITE AND PEST v. OnesDistrict Court of Appeal of Florida · 2001

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