STEPHEN J. BYERS
v.
BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS ALT-A TRUST, ETC.

Fla. 5th DCA | 2019-01-25
No. 18-1131
Stacy, J., Evander, C.J., Cohen, J., Lambert, J.
262 So. 3d 270 Florida District Court of Appeal, Fifth District (2019)

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Holding

A nonfinal order denying a motion to quash constructive service of process is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) when it does not determine personal jurisdiction.


Headnotes

[1] A nonfinal order denying a motion to quash constructive service of process is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) unless the order…

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Facts & Procedural History

Stephen Byers appealed from a nonfinal order denying his motion to quash constructive service of process in a foreclosure action brought by Bank of Ne…

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Opinion of the Court
In The District Court Of Appeal Of The State Of Florida Fifth District Not Final Until Time Expires To File Motion For Rehearing And Disposition Thereof If Filed Stephen

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

STEPHEN J. BYERS,

Appellant,

v. Case No. 5D18-1131 BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS ALT-A TRUST, ETC., Appellee.

________________________________/

Opinion filed January 25, 2019 Nonfinal Appeal from the Circuit Court for Seminole County, Susan Stacy, Judge. Stephen J. Byers, Delray Beach, pro se. Mary J. Walter, of Liebler, Gonzalez & Portuondo, Miami, for Appellee. PER CURIAM. Stephen Byers appeals from a nonfinal order denying his motion to quash constructive service of process in this foreclosure case. Because the nonfinal order did not determine personal jurisdiction over Byers, it is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i), and this court lacks jurisdiction. We therefore 2 dismiss the appeal. See Archer v. U.S. Bank Nat’l Ass’n, 220 So. 3d 477, 478 (Fla. 5th DCA 2017). DISMISSED. EVANDER, C.J., COHEN and LAMBERT, JJ., concur.


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