Joseph Miceli and Maria Miceli v. Bank of New York Mellon Trust Company, N.A.

193 So. 3d 12, 2016 Fla. App. LEXIS 2722

• Court: District Court of Appeal of Florida
• Decided: February 24, 2016
• Docket: 4D15-2910
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

JOSEPH MICELI and MARIA MICELI, Appellants,

v.

BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Appellee.

No. 4D15-2910

[February 24, 2016]

Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B. Colton, Senior Judge; L.T. Case No. 2012CA5149.

Richard R. Widell, Margery E. Golant and Stuart M. Golant of Golant & Golant, P.A., Boca Raton, for appellants.

Jeremy W. Harris and David F. Knobel of Morris, Laing, Evans, Brock & Kennedy, Chtd., West Palm Beach, for appellee.

PER CURIAM.

Because the appellants have not preserved the claim of error for review, we affirm the non-final order on appeal, which determines that the motion to quash service of process was moot. However, before the trial court rules on the pending motion to quash re-service of process, it must determine the validity of the original service of process from 2014. See Vidal v. SunTrust Bank, 41 So. 3d 401, 404 (Fla. 4th DCA 2010) (“The validity of the original service must first be determined before the trial court can rule on the pending motion [to quash the second service].”).

Affirmed.

STEVENSON, CONNER and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.