Legal Opinion

Blanco v. Bank of New York

District Court of Appeal of Florida

Decided October 26, 2011No. 4D11-761Published

1Per curiam

We reverse the trial court’s order denying the defendant’s “Verified Motion to Quash Service By Publication, Vacate Default and Final Judgment,” because the plaintiff failed to make a diligent effort to personally serve the defendant before serving process by publication. See Miller v. Partin, 31 So.3d 224, 228 (Fla. 5th DCA 2010) (stating that “[t]he test to be applied is whether the plaintiff reasonably employed the knowledge at his or her command, made diligent inquiry, and exerted an honest and conscientious effort appropriate to the surrounding circumstances to acquire the information…

2Cases cited1 opinion

  1. Miller v. PartinDistrict Court of Appeal of Florida · 2010

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