OTTAWA PROPERTIES LLC v. BANK (2021)

District Court of Appeal of Florida, Third District.

OTTAWA PROPERTIES 1 LLC, Appellant, v. U.S. BANK, N.A., etc., Appellee.

No. 3D20-1791

Decided: February 03, 2021

Before LOGUE, LINDSEY, and HENDON, JJ.

Wesoloski Carlson, P.A., and Erik D. Wesoloski, for appellant. Akerman LLP, and Nancy M. Wallace (Tallahassee) and William P. Heller (Fort Lauderdale), for appellee.

ON CONFESSION OF ERROR

Ottawa Properties 1 LLC, defendant titleholder in a foreclosure action, appeals a non-final order denying its motion to quash service of process. Ottawa had moved in the trial court to quash service of process on the basis that U.S. Bank failed to file a return receipt, as required by section 48.161(1), Florida Statutes, and failed to attempt service at Ottawa's principal address or its manager's address, pursuant to section 48.062, Florida Statutes, before effecting substitute service on the Secretary of State. Based upon U.S. Bank's commendable confession of error, and our review of the record, we reverse the denial of the motion to quash service and remand for further proceedings.

Reversed and remanded.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network