Williams v. Richardson

KAPNER, LEWIS, Associate Judge

(dissenting):

In 1978, defendant, a minor, and her mother were sued in a foreclosure action. This resulted in a summary judgment being entered against both of them. Defendant was not served in accordance with Section 48.041(1), Florida Statutes (1977).1 Instead, the defendant’s father, with whom defendant was not living at the time, was served. Furthermore, the trial court in the previous action did not appoint a guardian ad litem as required by Florida Rule of Civil Procedure 1.210(b).

Defendant’s mother, a co-owner of the property and a co-defendant in the first…