Legal Opinion
Gross v. Fidelity Federal Savings Bank of Florida
District Court of Appeal of Florida
Decided May 15, 1991No. 91-0348PublishedCited by 3 opinions
1Opinion of the Court
FARMER, Judge.
This case presents the issue whether a foreclosing mortgagee can serve his out-of-state mortgagor by publication under chapter 49, Florida Statutes (1989), where the mortgagee knows the mortgagor’s out-of-state residence address. We hold that if the out-of-state residence is known, the mortgagee must use personal service under section 48.194.
Fidelity sued Robert and Carol Gross to foreclose a mortgage on real property in Palm Beach County. Its vice president gave an affidavit for constructive service of process, saying: “Defendants’ current address is unknown, but last known…
2Cases cited6 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
- Bedford Computer Corp. v. Graphic Press, Inc.Supreme Court of Florida · 1986
- Callaghan v. CallaghanDistrict Court of Appeal of Florida · 1976
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3Cited by3 opinions
- Estela v. CavalcantiDistrict Court of Appeal of Florida · 2011
- V.I. Cement & Building Products, Inc. v. Capital International Corp.Supreme Court of The Virgin Islands · 2000
- Helbig v. SchneiderDistrict Court of Appeal of Florida · 1997