Legal Opinion

Winburn v. First Florida National Bank of Live Oak

District Court of Appeal of Florida

Decided June 25, 1986No. BJ-465Published

1Per curiam

This cause is before us on appeal from an order of the trial court denying appellant's motion to vacate final judgment of foreclosure and motion to set aside default judgment and sale of foreclosed property for insufficiency of service of process. Appellant contends that his actions before the trial court did not constitute an appearance submitting him to the court's jurisdiction. Furthermore, assuming arguendo that he did appear, appellant asserts that an appearance after the entry of default cannot validate what would otherwise be a void judgment due to improper service of process. We…

2Cases cited2 opinions

  1. Green v. HoodDistrict Court of Appeal of Florida · 1960
  2. Boyd v. Banc One Mortgage Corp.District Court of Appeal of Florida · 1986

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