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DiGIOVANNI v. BAC HOME LOANS SERVICING

No. 2D11-5265.

83 So.3d 934 (2012)

Leonardo N. DiGIOVANNI a/k/a Leonardo DiGiovanni, individually and as Trustee of the DiGiovanni Trust, DTD 4-18-95; Unknown Parties in Possession # 1; Unknown Parties in Possession # 2; If living, and all Unknown Parties claiming by, through, under and against the above named defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants, Appellant, v. BAC HOME LOANS SERVICING, L.P. f/k/a Countrywide Home Loans Servicing, L.P., Appellee.

District Court of Appeal of Florida, Second District.

March 14, 2012.

Attorney(s) appearing for the Case

Mark P. Stopa of Stopa Law Firm, St. Petersburg, for Appellant.

Kimberly N. Hopkins of Shapiro & Fishman, LLP, Tampa, for Appellee.

DAVIS, Judge.

Leonardo DiGiovanni, individually and as Trustee of the DiGiovanni Trust, challenges the trial court's nonfinal order denying his motion to quash substitute service and abate for lack of personal jurisdiction in BAC Home Loans Servicing's mortgage foreclosure action. We reverse.

At the outset of this case, BAC made several attempts to personally serve the complaint on DiGiovanni via a process server in DiGiovanni's home state of California. After...

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