HECK v. BANK LIBERTY

No. 1D11-5888.

86 So.3d 1281 (2012)

Stephen H. HECK, Appellant, v. BANK LIBERTY, Successor in Interest to Champion Bank by Asset Acquisition from the FDIC, as Receiver for Champion Bank, Appellee.

District Court of Appeal of Florida, First District.

May 10, 2012.


Attorney(s) appearing for the Case

John N.C. Ledbetter , Destin, for Appellant.

Richard P. Petermann of Anchors Smith Grimsley, Fort Walton Beach, for Appellee.


MARSTILLER, J.

We reverse the order on appeal denying Appellant's motion to set aside a final judgment of foreclosure and foreclosure sale for invalid service of process. Competent, substantial evidence does not support the trial court's finding that Appellant "was duly and properly served in accordance with Florida law when the process was served upon and accepted by his wife[.]"

Seeking to foreclose on Florida property owned by Appellant and his wife, Appellee...

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