Mazine v. Branch Banking

• Court: District Court of Appeal of Florida
• Decided: January 28, 2015
• Docket: 14-2092
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 28, 2015.

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No. 3D14-2092 Lower Tribunal No. 13-12595 ________________

Moshe Mazine, Appellant,

vs.

Branch Banking and Trust Company, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.

David H. Charlip, for appellant.

Kass Shuler, P.A., and Melissa A. Giasi (Tampa), for appellee.

Before WELLS, LAGOA, and LOGUE, JJ.

CONFESSION OF ERROR

LAGOA, J.

Appellant, Moshe Mazine (“Mazine”), appeals an order denying his Motion

to Quash Service by Publication and directing Mazine to file a response to

Appellee Branch Banking and Trust Company’s complaint. Based on Appellee’s proper confession of error, we reverse the trial court’s order denying Mazine’s

Motion to Quash Service by Publication.

While Appellee submits that adequate evidence was presented to the trial

court to establish that Mazine was avoiding service and service by publication

would be permitted pursuant to section 49.041(3)(c), Florida Statutes (2013),

Appellee concedes that the trial court’s order was incorrectly predicated on a

sworn statement made pursuant to section 49.041(3)(a), i.e., that Mazine’s

residence was “[u]nknown to the affiant.” Accordingly, we reverse the trial court’s

order and remand for further proceedings.

REVERSED AND REMANDED.