Walker v. Fifth Third Mortgage Co.
District Court of Appeal of Florida
1Opinion of the CourtOrfinger, C.J.
David and Julianne Walker appeal a non-final order entered by the trial court denying their motion to quash service of process.1 Because the process server failed to strictly comply with section 48.031(5), Florida Statutes (2012), we reverse.
Fifth Third Mortgage Company filed a mortgage foreclosure action against the Walkers. A process server personally served the Walkers with a summons and a copy of the complaint. However, the process server failed to include the date and time of service, or his identification number on any of the documents served on the Walkers. The Walkers filed a motion…
2Cases cited3 opinions
- Shurman v. Atlantic Mortg. & Inv. Corp.Supreme Court of Florida · 2001
- Re-Employment Services, Ltd. v. NLACDistrict Court of Appeal of Florida · 2007
- Schofield v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012