OTTAWA PROPERTIES LLC v. US BANK NA (2022)

District Court of Appeal of Florida, Third District.

OTTAWA PROPERTIES 1 LLC, Appellant, v. US BANK, NA., etc., Appellee.

No. 3D22-0001

Decided: August 24, 2022

Before FERNANDEZ, C.J., and LOGUE and HENDON, JJ.

Wesoloski Carlson, P.A., and Erik D. Wesoloski, for appellant. McGuireWoods LLP, and Sara F. Holladay, Emily Y. Rottmann, and Kathleen D. Kilbride (Jacksonville), 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.¹ Ottawa moved in the trial court to quash service of process on the basis that U.S. Bank's process server failed to identify the date and time of service on the summons and did not initial or sign the summons, as required by section 48.031(5), Florida Statutes. 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.

FOOTNOTES

1. Ottawa also appeals the trial court's rulings, contained in the same order on appeal denying its motion to quash service of process, which (1) denied dismissal with prejudice; and (2) denied Ottawa's Renewed Motion to Enforce Court Order and for Sanctions. Because these additional rulings are non-final and non-appealable, we dismiss this portion of Ottawa's appeal.

PER CURIAM.

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