MESA v. BANK OF NEW YORK

No. 3D14-762.

180 So.3d 222 (2015)

Marlen Cantero MESA, et al., Appellants, v. The BANK OF NEW YORK, etc., Appellee.

District Court of Appeal of Florida, Third District.

December 16, 2015.


Attorney(s) appearing for the Case

Kenneth Eric Trent , Fort Lauderdale, for appellants.

Akerman, LLP, Nancy M. Wallace , Tallahassee, William P. Heller and Marc J. Gottlieb , Fort Lauderdale, and Eric M. Levine , West Palm Beach, for appellee.

Before SHEPHERD, EMAS and FERNANDEZ, JJ.


Marlen Cantero Mesa and her husband Luis Mesa appeal an order denying their motion to quash service of process, and to vacate a default and default final judgment in this foreclosure case. We reverse, because the trial court erroneously determined that a notice of appearance by counsel in and of itself constituted a waiver of the Mesas...

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