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BLANCO v. BANK OF NEW YORK

No. 4D11-761.

72 So.3d 340 (2011)

Daniel BLANCO, Appellant, v. BANK OF NEW YORK as successor in interest of JP Morgan Chase Bank, N.A., as Trustee on behalf of SAMI 2006-AR-3, Appellee.

District Court of Appeal of Florida, Fourth District.

October 26, 2011.

Attorney(s) appearing for the Case

Carol C. Asbury of Save My Home Law Group, Fort Lauderdale, for appellant.

Nancy M. Wallace and Katherine E. Giddings of Akerman Senterfitt, Tallahassee, and William P. Heller of Akerman Senterfitt, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the trial court's order denying the defendant's "Verified Motion to Quash Service By Publication, Vacate Default and Final Judgment," because the plaintiff failed to make a diligent effort to personally serve the defendant before serving process by publication. See Miller v. Partin, 31 So.3d 224, 228 (Fla. 5th DCA 2010) (stating that "[t]he test to be applied is whether the plaintiff reasonably employed...

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