Williams v. Richardson

District Court of Appeal of Florida

Williams v. Richardson

432 So. 2d 58, 1983 Fla. App. LEXIS 18930

District Court of Appeal of Florida·Decided March 22, 1983·No. No. 82-412·Published·Cited by 5 cases

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PER CURIAM.

A final judgment of foreclosure will not be effective against a minor defendant titleholder when no service of process is made upon the minor defendant, her guardian or next friend. Terrell v. Weymouth, 32 Fla. 255, 13 So. 429 (1893); Jones v. Lucks, 349 So.2d 691 (Fla. 4th DCA 1977); Buck v. McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977).

Therefore, the final summary judgment under review which held such a minor defendant to be bound by such a foreclosure judgment, is reversed and remanded for further proceedings.

Reversed and remanded.

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PER CURIAM.

A final judgment of foreclosure will not be effective against a minor defendant titleholder when no service of process is made upon the minor defendant, her guardian or next friend. Terrell v. Weymouth, 32 Fla. 255, 13 So. 429 (1893); Jones v. Lucks, 349 So.2d 691 (Fla. 4th DCA 1977); Buck v. McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977).

Therefore, the final summary judgment under review which held such a minor defendant to be bound by such a foreclosure judgment, is reversed and remanded for further proceedings.

Reversed and remanded.

Williams v. Richardson, 432 So. 2d 58, 1983 Fla. App. LEXIS 18930 (Fla. Ct. App. 1983).

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