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WOLFE v. STEVENS

No. 2D07-2099.

965 So.2d 1257 (2007)

Thomas Edward WOLFE, Jr., Individually and as Trustee of the Tennessee Irrevocable Trust, Appellant, v. Marie Frances STEVENS, as Personal Representative of the Estate of Marie Frances Wolfe, Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2007.

Attorney(s) appearing for the Case

R. Gale Porter, Jr., of R. Gale Porter, Jr., P.A., Tampa, for Appellant.

Eoghan "Owen" P. McGill of Shumaker, Loop & Kendrick, LLP, Tampa, for Appellee.

KELLY, Judge.

Thomas Edward Wolfe, Jr., appeals the trial court order denying his motion to set aside a default final judgment entered against him in a quiet title action brought by his sister, Marie Frances Stevens. Wolfe argues that Stevens' constructive service of process was defective because Stevens failed to make a diligent search before resorting to service by publication, and therefore, the default final judgment entered against him was void. We agree and...

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