Boynton Beach 615, LLC v. U.S. Bank Trust National Association

District Court of Appeal of Florida

Boynton Beach 615, LLC v. U.S. Bank Trust National Association

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 2023

Docket2023-1060

StatusPublished

This text of Boynton Beach 615, LLC v. U.S. Bank Trust National Association (Boynton Beach 615, LLC v. U.S. Bank Trust National Association) 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.

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Boynton Beach 615, LLC v. U.S. Bank Trust National Association, (Fla. Ct. App. 2023).

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Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BOYNTON BEACH 615, LLC, Appellant,

v.

U.S. BANK TRUST NATIONAL ASSOCIATION, as owner trustee for RCF 2 Acquisition Trust, et al., Appellees.

No. 4D2023-1060

[December 20, 2023]

Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hon. Gregory M. Keyser, Judge; L.T. Case No. 502019CA015694.

Gregory Bryl, Sunny Isles Beach, for appellant.

Michael Smith of Burr & Forman LLP, Orlando, for appellee.

ON CONFESSION OF ERROR

GERBER, J.

The appellant, which is one of the defendants below, appeals from the circuit court’s nonfinal order denying the appellant’s motion to quash substitute service of process. The appellee-plaintiff has filed a confession of error, acknowledging that it did not comply with the requirements of section 48.161, Florida Statutes (2022). We agree with the concession of error. Accordingly, we reverse the circuit court’s order denying the appellant’s motion to quash, and remand with directions for the circuit court to enter an order granting the appellant’s motion to quash.

Reversed and remanded with directions.

KLINGENSMITH, C.J., and WARNER, J., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

BOYNTON BEACH 615, LLC, Appellant,

v.

U.S. BANK TRUST NATIONAL ASSOCIATION, as owner trustee for RCF 2 Acquisition Trust, et al., Appellees.

No. 4D2023-1060

[December 20, 2023]

Appeal of a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hon. Gregory M. Keyser, Judge; L.T. Case No. 502019CA015694.

Gregory Bryl, Sunny Isles Beach, for appellant.

Michael Smith of Burr & Forman LLP, Orlando, for appellee.

ON CONFESSION OF ERROR

GERBER, J.

The appellant, which is one of the defendants below, appeals from the circuit court’s nonfinal order denying the appellant’s motion to quash substitute service of process. The appellee-plaintiff has filed a confession of error, acknowledging that it did not comply with the requirements of section 48.161, Florida Statutes (2022). We agree with the concession of error. Accordingly, we reverse the circuit court’s order denying the appellant’s motion to quash, and remand with directions for the circuit court to enter an order granting the appellant’s motion to quash.

Reversed and remanded with directions.

KLINGENSMITH, C.J., and WARNER, J., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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Boynton Beach 615, LLC v. U.S. Bank Trust National Association, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boynton-beach-615-llc-v-us-bank-trust-national-association-fladistctapp-2023.