Williams v. Richardson

District Court of Appeal of Florida

Williams v. Richardson

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1983

DocketNo. 82-412

StatusPublished

Cited by5 cases

This text of 432 So. 2d 58 (Williams v. Richardson) 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.

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

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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.

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432 So. 2d 58, 1983 Fla. App. LEXIS 18930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-richardson-fladistctapp-1983.

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