PATEL v. WILMINGTON SAVINGS BANK FSB FOR STANWICH MORTGAGE LOAN TRUST (2018)

District Court of Appeal of Florida, Fifth District.

Hasmukhbai PATEL, a/k/a Hasmukh Patel and Hemuben Patel, a/k/a Hemu Patel, Appellants, v. WILMINGTON SAVINGS BANK, FSB, as Trustee FOR STANWICH MORTGAGE LOAN TRUST A, Appellee.

Case No. 5D17–1900

Decided: July 06, 2018

Eric O. Husby, Tampa, for Appellants. Thomas Wade Young and Joseph B. Towne, of Lender Legal Services, LLC, Orlando, for Appellee.

Hasmukhbai Patel and Hemuben Patel appeal the trial court's nonfinal order denying their motion to quash constructive service of process in the foreclosure action brought by Wilmington Savings Bank, FSB, as Trustee for Stanwich Mortgage Loan Trust A (“the Bank”), against the Patels. Because the trial court did not rule that it obtained personal jurisdiction over the Patels, but instead determined only that it had in rem jurisdiction, this Court lacks jurisdiction over this nonfinal order and we dismiss the appeal. See Archer v. U.S. Bank Nat'l Ass'n, 220 So.3d 477, 478–79 (Fla. 5th DCA 2017) (dismissing appeal because nonfinal order denying mortgagor's motion to quash constructive service of process did not refer to personal jurisdiction and no assertion of personal jurisdiction was made in trial court); Koniecpolski v. Stelnicki, 571 So.2d 577, 578 (Fla. 5th DCA 1990) (dismissing appeal because Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) does not vest jurisdiction in this Court over nonfinal order denying motion to quash constructive service of process in foreclosure proceeding when order does not determine jurisdiction of person).

APPEAL DISMISSED.

PER CURIAM.

SAWAYA, ORFINGER and EDWARDS, JJ., concur.

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