Williams v. Richardson
District Court of Appeal of Florida
1Per curiam
A final judgment of foreclosure will not be effective against a minor defendant titleholder when no service of process is made upon the minor defendant, her guardian or next friend. Terrell v. Weymouth, 32 Fla. 255, 13 So. 429 (1893); Jones v. Lucks, 349 So.2d 691 (Fla. 4th DCA 1977); Buck v. McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977).
Therefore, the final summary judgment under review which held such a minor defendant to be bound by such a foreclosure judgment, is reversed and remanded for further proceedings.
Reversed and remanded.
2Cases cited3 opinions
- Buck v. McNabDistrict Court of Appeal of Florida · 1962
- Terrell v. WeymouthSupreme Court of Florida · 1893
- Jones ex rel. Jones v. LucksDistrict Court of Appeal of Florida · 1977
3Cited by5 opinions
- Community Federal Savings & Loan Ass'n of the Palm Beaches v. WrightDistrict Court of Appeal of Florida · 1984
- Davie v. Calton ex rel. CaltonDistrict Court of Appeal of Florida · 1984
- Umscheid v. UmscheidDistrict Court of Appeal of Florida · 1999
- COMMUNITY FED. SAV. & LOAN v. WrightDistrict Court of Appeal of Florida · 1984
- Landers v. Dadeland Animal HospitalCircuit Court for the Judicial Circuits of Florida · 1985