Opinion
No. 3D20-1791
02-03-2021
OTTAWA PROPERTIES 1 LLC, Appellant, v. U.S. BANK, N.A., etc., Appellee.
Wesoloski Carlson, P.A., and Erik D. Wesoloski, for appellant. Akerman LLP, and Nancy M. Wallace (Tallahassee) and William P. Heller (Fort Lauderdale), for appellee.
Wesoloski Carlson, P.A., and Erik D. Wesoloski, for appellant.
Akerman LLP, and Nancy M. Wallace (Tallahassee) and William P. Heller (Fort Lauderdale), for appellee.
Before LOGUE, LINDSEY, and HENDON, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Ottawa Properties 1 LLC, defendant titleholder in a foreclosure action, appeals a non-final order denying its motion to quash service of process. Ottawa had moved in the trial court to quash service of process on the basis that U.S. Bank failed to file a return receipt, as required by section 48.161(1), Florida Statutes, and failed to attempt service at Ottawa's principal address or its manager's address, pursuant to section 48.062, Florida Statutes, before effecting substitute service on the Secretary of State. 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.