Blanco v. Bank of New York

District Court of Appeal of Florida

Blanco v. Bank of New York

72 So. 3d 340, 2011 Fla. App. LEXIS 16982, 2011 WL 5061409

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 2011

DocketNo. 4D11-761

StatusPublished

This text of 72 So. 3d 340 (Blanco v. Bank of New York) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blanco v. Bank of New York, 72 So. 3d 340, 2011 Fla. App. LEXIS 16982, 2011 WL 5061409 (Fla. Ct. App. 2011).

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Opinion

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 the knowledge at his or her command, made diligent inquiry, and exerted an honest and conscientious effort appropriate to the surrounding circumstances to acquire the information necessary to en[341]*341able the plaintiff to effect personal service on the defendant

Reversed and Remanded.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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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 the knowledge at his or her command, made diligent inquiry, and exerted an honest and conscientious effort appropriate to the surrounding circumstances to acquire the information necessary to en[341]*341able the plaintiff to effect personal service on the defendant

Reversed and Remanded.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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Bluebook (online)

72 So. 3d 340, 2011 Fla. App. LEXIS 16982, 2011 WL 5061409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanco-v-bank-of-new-york-fladistctapp-2011.

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