Legal Opinion

Schofield v. Wells Fargo Bank, N.A.

District Court of Appeal of Florida

Decided August 31, 2012No. 5D11-1935PublishedCited by 2 opinions

1Opinion of the CourtPalmer, J.

Charles and Julia Schofield appeal the non-final order entered by the trial court denying their motion to quash service of process.1 Because the process server failed to strictly comply with section 48.081(5), Florida Statutes (2009), we reverse.

Wells Fargo Bank, N.A., filed a mortgage foreclosure complaint against the Schofields. A process server personally served Julia Schofield and served Charles, through Julia, with a summons, a copy of the complaint, and a notice of lis pendens. However, the process server failed to include the date and time of service, his identification number, or his…

2Cases cited2 opinions

  1. Shurman v. Atlantic Mortg. & Inv. Corp.Supreme Court of Florida · 2001
  2. Re-Employment Services, Ltd. v. NLACDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. Woide v. Fannie MaeDistrict Court of Appeal of Florida · 2013
  2. Walker v. Fifth Third Mortgage Co.District Court of Appeal of Florida · 2012

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