BOYNTON BEACH 615 LLC v. BANK TRUST NATIONAL ASSOCIATION RCF (2023)

District Court of Appeal of Florida, Fourth District.

BOYNTON BEACH 615, LLC, Appellant, v. U.S. BANK TRUST NATIONAL ASSOCIATION, as owner trustee for RCF 2 Acquisition Trust, et al., Appellees.

No. 4D2023-1060

Decided: December 20, 2023

Gregory Bryl, Sunny Isles Beach, for appellant. Michael Smith of Burr & Forman LLP, Orlando, for appellee.

ON CONFESSION OF ERROR

The appellant, which is one of the defendants below, appeals from the circuit court's nonfinal order denying the appellant's motion to quash substitute service of process. The appellee-plaintiff has filed a confession of error, acknowledging that it did not comply with the requirements of section 48.161, Florida Statutes (2022). We agree with the concession of error. Accordingly, we reverse the circuit court's order denying the appellant's motion to quash, and remand with directions for the circuit court to enter an order granting the appellant's motion to quash.

Reversed and remanded with directions.

Gerber, J.

Klingensmith, C.J., and Warner, J., concur.

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