Fracis A/K/A Solomon v. Mtglq Investors, Lp

• Court: District Court of Appeal of Florida
• Decided: May 10, 2017
• Docket: 16-2524
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 10, 2017.

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No. 3D16-2524 Lower Tribunal No. 11-31982 ________________

Unknown Person in Possession of the Subject Property, a/k/a Lazareth Fracis, a/k/a Nazareth Solomon, Appellant,

vs.

MTGLQ Investors, LP, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge.

The Strauss Law Firm, P.A., and David A. Strauss (Fort Lauderdale), for appellant.

eXL Legal, PLLC, and Nicole Ramirez (St. Petersburg), for appellee.

Before SUAREZ, C.J., and EMAS and LOGUE, JJ.

ON CONFESSION OF ERROR

LOGUE, J. In conjunction with the filing of the plaintiff’s complaint in the underlying

residential foreclosure case, a summons was issued in the name of, and directed to

be served upon, an individual identified as “UNKNOWN PERSON(S) IN

POSSESSION OF THE SUBJECT PROPERTY.” The Return of Service,

however, indicated that the summons and complaint were allegedly served upon a

person named “Lazareth Fracis,” who is in actuality the appellant, Nazareth

Solomon.

The appellant subsequently filed a motion to quash service of process

alleging that service of process was improper and no action had been properly

commenced against him. The trial court denied the motion and this appeal

followed.

Based upon our independent review of the record and the appellee’s proper

and commendable confession of error, we reverse the trial court’s order and

remand with instructions that service of process upon the appellant be quashed.

See Gilliam v. Smart, 809 So. 2d 905 (Fla. 1st DCA 2002). We note that doing so

is without prejudice to the appellee’s ability to perfect service upon the appellant in

accordance with the Florida Rules of Civil Procedure.

Reversed and remanded with instructions.