Legal Opinion

Williams v. Richardson

District Court of Appeal of Florida

Decided March 22, 1983No. 82-412PublishedCited by 5 opinions

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

  1. Buck v. McNabDistrict Court of Appeal of Florida · 1962
  2. Terrell v. WeymouthSupreme Court of Florida · 1893
  3. Jones ex rel. Jones v. LucksDistrict Court of Appeal of Florida · 1977

3Cited by5 opinions

  1. Community Federal Savings & Loan Ass'n of the Palm Beaches v. WrightDistrict Court of Appeal of Florida · 1984
  2. Davie v. Calton ex rel. CaltonDistrict Court of Appeal of Florida · 1984
  3. Umscheid v. UmscheidDistrict Court of Appeal of Florida · 1999
  4. COMMUNITY FED. SAV. & LOAN v. WrightDistrict Court of Appeal of Florida · 1984
  5. Landers v. Dadeland Animal HospitalCircuit Court for the Judicial Circuits of Florida · 1985