Heck v. Bank Liberty

We reverse the order on appeal denying Appellant’s motion to set aside a final judgment of foreclosure and foreclosure sale for invalid service of process. Competent, substantial evidence does not support the trial court’s finding that Appellant “was duly and properly served in accordance with Florida law when the process was served upon and accepted by his wife[.]”

Seeking to foreclose on Florida property owned by Appellant and his wife, Appellee served process on the wife at her home located at 18473 Hollow Hills Drive, Pacific, Missouri 63069. The wife accepted process for Appellant.…