OPELLA v. BAYVIEW LOAN SERVICING, LLC

No. 3D09-2921.

48 So.3d 185 (2010)

Steven Ray OPELLA, Appellant, v. BAYVIEW LOAN SERVICING, LLC., Appellee.

District Court of Appeal of Florida, Third District.

November 24, 2010.


Attorney(s) appearing for the Case

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.

On November 20, 2006, 21 NW 59th Street, Inc. executed and delivered a promissory note and a mortgage securing payment of the note on a parcel of commercial property...

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