Legal Opinion

Green Emerald Homes, LLC v. Bank of New York Mellon

District Court of Appeal of Florida

Decided August 8, 2016No. 4D15-848PublishedCited by 3 opinions

1Opinion of the CourtWarner, J.

Appellant Green Emerald Homes, LLC, appeals an order of the trial court denying its amended motion to quash service of process in a mortgage foreclosure proceeding filed by Bank of New York Mellon. The Bank resorted to constructive service by publication when the process server could not serve the resident agent at the company’s designated address. The court denied the motion, concluding that the Bank only needed to attempt service at the company’s designated address before resorting to constructive service. Because the statutes governing constructive process require performance of a diligent…

2Cases cited7 opinions

  1. Shurman v. Atlantic Mortg. & Inv. Corp.Supreme Court of Florida · 2001
  2. Hernandez v. STATE FARM MUT. AUTO. INS. CO.District Court of Appeal of Florida · 2010
  3. Giron v. Ugly Mortgage, Inc.District Court of Appeal of Florida · 2006
  4. Redfield Invs. v. Village of PinecrestDistrict Court of Appeal of Florida · 2008
  5. Clauro Enterprises, Inc. v. Aragon Galiano Holdings, LLCDistrict Court of Appeal of Florida · 2009

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. GREG HOWARD v. DAVID GUALTDistrict Court of Appeal of Florida · 2018
  2. RAFAEL BENAVENTE and CLARA E. BENAVENTE v. OCEAN VILLAGE PROPERTY OWNERS ASSOC., INC.District Court of Appeal of Florida · 2018
  3. Stephen Grudenic v. Sundeep SinghDistrict Court of Appeal of Florida · 2025

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API