Mazine v. Branch Banking & Trust Co.

District Court of Appeal of Florida

Mazine v. Branch Banking & Trust Co.

156 So. 3d 579, 2015 Fla. App. LEXIS 1002, 2015 WL 357083

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 2015

DocketNo. 3D14-2092

StatusPublished

This text of 156 So. 3d 579 (Mazine v. Branch Banking & Trust Co.) 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

Mazine v. Branch Banking & Trust Co., 156 So. 3d 579, 2015 Fla. App. LEXIS 1002, 2015 WL 357083 (Fla. Ct. App. 2015).

Pincite

Opinion

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.

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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.

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Bluebook (online)

156 So. 3d 579, 2015 Fla. App. LEXIS 1002, 2015 WL 357083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazine-v-branch-banking-trust-co-fladistctapp-2015.