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Williams v. Brown

District Court of Appeal of Florida, Fourth District
Aug 18, 1993
622 So. 2d 194 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-0796.

August 18, 1993.

Appeal from the Circuit Court for Palm Beach County, Richard B. Burk, J.

Stephen L. Cook, Jupiter, for appellant.

Linda L. Roberts, West Palm Beach, for appellees Robert L. Brown and Anna D. Brown.


Appellant, defendant in a mortgage foreclosure, argues that the trial court erred in denying her motion to quash service of process, where she was served while attending a meeting at the office of counsel for the appellee mortgagee. Appellant, a Florida resident, relies on cases in which personal service has been quashed where the person served was enticed into the jurisdiction by fraud or deceit. Citrexsa, S.A. v. Landsman, 528 So.2d 517 (Fla. 3d DCA 1988), and cases cited therein. We conclude that since appellant is a Florida resident, the fact that she may have been lured to a meeting to be served is not a basis on which service should be quashed. Schwarz v. Artcraft Silk Hosiery Mills, Inc., 110 F.2d 465 (2d Cir. 1940), and Wright Miller, Federal Practice and Procedure § 1076 (1987).

Defendant also argues that the appointment of a receiver for this 24 unit rental apartment building was improper and that the $2,000.00 receiver's bond was too low. We affirm the appointment of a receiver but conclude that the bond was inadequate. Stonebridge Assocs. Ltd. v. City Nat'l Bank of Miami, 573 So.2d 211 (Fla. 4th DCA 1991). We therefore reverse solely for the trial court to set an appropriate receiver's bond.

GLICKSTEIN, FARMER and KLEIN, JJ., concur.


Summaries of

Williams v. Brown

District Court of Appeal of Florida, Fourth District
Aug 18, 1993
622 So. 2d 194 (Fla. Dist. Ct. App. 1993)
Case details for

Williams v. Brown

Case Details

Full title:NANCY J. WILLIAMS, APPELLANT, v. ROBERT L. BROWN AND ANNA D. BROWN…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 18, 1993

Citations

622 So. 2d 194 (Fla. Dist. Ct. App. 1993)