HUNTER v. GLENDALE FED. S & L ASS'N

No. 88-1794.

555 So.2d 900 (1990)

James B. HUNTER, Eileen A. Hunter, His Wife, Richard Jedlicka, and Barbara Jedlicka, His Wife, et al., Appellants, v. GLENDALE FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 7, 1990.


Attorney(s) appearing for the Case

Arthur B. D'Almeida, of Arthur B. D'Almeida, P.A., Boca Raton, for appellants.

William F. Cobb and Constance G. Grayson, of English, McCaughan & O'Bryan, Fort Lauderdale, for appellee.


PER CURIAM.

We reverse the lower court's denial of appellants' motion to set aside a final judgment of foreclosure and order confirming a sale and lis pendens because the record supports that the constructive service of process attempted on the appellants was defective. According to the affidavit submitted by Glendale, pursuant to section 49.041 Fla. Stat. (1987), on diligent search and inquiry, Glendale determined that all appellants resided at the same New York...

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