Gabriela Benedetto v. U.S. Bank National Association

Gabriela Benedetto appeals a non-final order denying her motion to .quash service of process in this mortgage foreclosure action. Because Benedetto did not waive the defense of improper service, and because the allegations of her motion to quash and supporting affidavit, if true, would entitle her to relief, the trial court erred in denying the motion without first affording her an evidentiary hearing. We therefore reverse and remand for an evi-dentiary hearing.

U.S. Bank N.A. (the “Bank”) filed a foreclosure complaint against the borrow er, Candyce Petrie, and other defendants who might claim…