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FL 3rd DCA Appeals Court Reversal “PROVEST, LLC PROCESS SERVICE” BENNETT v. CHRISTIANA BANK & TRUST COMPANY

FL 3rd DCA Appeals Court Reversal “PROVEST, LLC PROCESS SERVICE” BENNETT v. CHRISTIANA BANK & TRUST COMPANY


BENNETT v. CHRISTIANA BANK & TRUST COMPANY

Debbie Bennett, Appellant, v. Christiana Bank & Trust Company, etc., Appellee.

Case No. 3D09-2653.

District Court of Appeal of Florida, Third District.

Opinion filed December 1, 2010.

Joseph J. Pappacoda, (Fort Lauderdale) for appellant.
Florida Foreclosure Attorneys, PLLC, and Klarika J. Caplano, (Clearwater) for appellee.
Before SUAREZ, CORTIÑAS, and SALTER, JJ.

EXCERPT:

SALTER, J.
Debbie Bennett appeals the denial of her emergency motion to vacate a final foreclosure judgment. Based on the record and our conclusion that there was no personal service of process on Ms. Bennett, we reverse the judgment and remand for further proceedings.

On November 20, 2008, Christiana Bank & Trust Company filed an action to foreclose the mortgage on Ms. Bennett’s home. The plaintiff’s attorneys, Golson Felberbaum Law Firm, hired Pro-Vest LLC, a process service company, to serve Ms. Bennett. Christopher P. Mas, a Pro-Vest employee, filed a verified return of service on December 29, 2008. The return indicated that individual service was accomplished on December 20 at 4:13 p.m. The return further indicated that “DEFENDANT REFUSED TO DISCLOSE MILITARY STATUS; PROPERTY IS NOT A MOBILE HOME. I asked the person spoken to if the person served is married and I received a negative reply.”

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