Raul J. Cepero a/k/a Raul De Jesus Cepero and Leslie Cepero v. The Bank of New York Mellon Trust Company

Appellants, Raul and Leslie Cepero, appeal an order denying their motion to quash service of process. They claim that the court erred in concluding that the motion was not proper simply because their claim of insufficiency of service of process was not made in their initial motion to dismiss. We agree that the court erred in determining that they had waived their claim by failing to assert it in the motion to dismiss, as they amended the motion to include this claim prior to the court ruling on' the motion. We thus reverse as to Leslie Cepero. We affirm as to Raul by application of the tipsy…