Cruz v. Citimortgage, Inc.

A borrower petitions for a writ of prohibition seeking to prevent the trial court from proceeding with the foreclosure action in which he is the named defendant.1 He argues that the trial court lacked jurisdiction to authorize issuance of a pluries (third) summons where his motion to quash the prior service remained pending. In another pending non-final appeal from *1187the same case, the petitioner has raised essentially the same argument. We sua sponte consolidate the two cases. We deny the petition and affirm the non-final appeal.

The lender served the initial summons in January 2014. In August…