Washington Federal Savings & Loan Ass'n of Miami Beach v. Dade County

PEARSON, Judge.

The question presented on this appeal is whether the holder of a first mortgage encumbering a parcel of real property has standing to attack a judgment awarding *791compensation to the owner of that property at the end of a condemnation suit.

Dade County brought eminent domain proceedings to secure from the owner of a parcel of land a portion approximately 15 feet wide for street widening purposes. The County properly made the mortgagee a party to the suit. But because of an error in the Sheriff’s Department, service of process was not properly made, and the mortgagee did not…