Legal Opinion

Montero v. DuVal Federal Savings & Loan Ass'n

District Court of Appeal of Florida

Decided June 12, 1991No. 90-2223Published

1Opinion of the Court

DELL, Judge.

Jeanne Montero appeals from an order denying her motion to quash service of process and to vacate a final default judgment of foreclosure. The trial court found that appellee failed to effect valid and sufficient service of process upon appellant but also found that appellant had sub*939mitted herself to the jurisdiction of the court. Appellant contends that she did not waive her right to contest service of process by joining her motion to quash service of process with a motion to vacate the default judgment. We agree and reverse.

Upon learning that a final judgment of foreclosure had…

2Cases cited4 opinions

  1. Cumberland Software, Inc. v. GREAT AM. MORTG.District Court of Appeal of Florida · 1987
  2. Kennedy v. RichmondDistrict Court of Appeal of Florida · 1987
  3. Zarcone v. LesserDistrict Court of Appeal of Florida · 1966
  4. Tampa Associates, Ltd. v. Miami Elevator Co.District Court of Appeal of Florida · 1989

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