opella v Bayview Loan Servicing - FORECLOSURE FRAUD

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FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC

FL 3rd DCA Appeals Court: “Process Service” OPELLA vs. Bayview Loan Servicing, LLC


No. 3D09-2921
Lower Tribunal No. 09-12657
________________
Steven Ray Opella,
Appellant,

vs.
Bayview Loan Servicing, LLC.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge.

Steven Ray Opella, in proper person.
Popkin & Rosaler, Brian L. Rosaler, Richard P. Cohn and Deborah Posner,
(Deerfield Beach), for appellee.

Before GERSTEN, WELLS, and LAGOA, JJ.WELLS, Judge.

Steven Ray Opella appeals from a final summary judgment of foreclosure
entered in favor of Bayview Loan Servicing, LLC., claiming that he was never
served with process. Because the record unequivocally confirms that Opella was
neither served with process nor waived service, we reverse.

We also direct the clerk to forward a copy of this opinion to the Florida Bar for
consideration of conduct in violation of the Rules Regulating the Florida Bar.

OPELLA v. BAYVIEW

[ipaper docId=44090710 access_key=key-21vih0nl37kze5ce309q height=600 width=600 /]

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