BOYNTON BEACH 615, LLC
v.
U.S. BANK TRUST NATIONAL ASSOCIATION

Fla. 4th DCA | 2023-12-20
No. 2023-1060
Florida District Court of Appeal, Fourth District (2023)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Substitute service of process that does not comply with the requirements of Florida Statutes section 48.161 must be quashed.


Headnotes

[1] Substitute service of process that does not comply with the statutory requirements of Florida Statutes section 48.161 is subject to quashing upon proper motion by the def…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Boynton Beach 615, LLC was a defendant in a circuit court action. U.S. Bank Trust National Association attempted substitute service of process on the …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hon. Gregory M. Keyser, Judge; L.T. Case No. 502019CA015694.

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

ON CONFESSION OF ERROR GERBER, J.

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. KLINGENSMITH, C.J., and WARNER, J., concur.

* * * Not final until disposition of timely filed motion for rehearing.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw