Legal Opinion · Dissent

818 Asset Management, Inc. v. Neiman

District Court of Appeal of Florida

Decided October 28, 2009No. 3D08-97Published

1DissentShepherd, J.

I respectfully dissent.

This is an appeal from an order denying Appellant’s, 818 Asset Management, LLC, Sworn Motion to Set Aside Default and Final Judgment of Foreclosure. Appellee, Judy Neiman, was the purchase money mortgagee on the sale of the foreclosed property, a condominium unit located in Miami Beach, to 818 in March 2004. Nei-man alleged in her foreclosure complaint that 818 had defaulted under the terms of the mortgage, by failing to make the required monthly mortgage payments.

Unable to serve 818 either at the location of its purported resident agent or the *662condominium unit,2 Neiman…

2Cases cited9 opinions

  1. McAlice v. KirschDistrict Court of Appeal of Florida · 1979
  2. Leviten v. GauntDistrict Court of Appeal of Florida · 1978
  3. Chapman v. SheffieldDistrict Court of Appeal of Florida · 2000
  4. Bird v. International Graphics, Inc.District Court of Appeal of Florida · 1978
  5. Fleischman v. MorrisDistrict Court of Appeal of Florida · 1972

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