BENEDETTO v. U.S. BANK NAT. ASS'N

No. 4D14-1811.

181 So.3d 564 (2015)

Gabriela BENEDETTO, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, As Trustee, on Behalf of the Holders of the Home Equity Asset Trust 2007-3 Home Equity Pass-Through Certificates, Series 2007-3, Appellee.

District Court of Appeal of Florida, Fourth District.

December 16, 2015.


Attorney(s) appearing for the Case

Romin N. Currier of Pincus & Currier LLP, West Palm Beach, for appellant.

N. Mark New and William L. Grimsley of McGlinchey Stafford, Jacksonville, for appellee.


Gabriela Benedetto appeals a non-final order denying her motion to quash service of process in this mortgage foreclosure action. Because Benedetto did not waive the defense of improper service, and because the allegations of her motion to quash and supporting affidavit, if true, would entitle her to relief, the trial court erred in denying...

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