Mitchell v. Brown

CARROLL, DONALD K., J.

This interlocutory appeal marks the second appearance of this case in this court. On the initial appeal the sole question presented for our determination was whether the Circuit Court for Bay County had erred in entering a summary final decree for an incompetent in this suit brought by his guardian seeking to set aside a final decree of foreclosure which that court had entered in 1943 against certain properties owned by the incompetent, on the ground that the service of process in that earlier suit was insufficient under § 47.25(2), Florida Statutes, 1941, F.S.A., in…