Zuriagne Montalvo Solis v. Truist Bank, Etc.

• Court: District Court of Appeal of Florida
• Decided: October 22, 2025
• Docket: 3D2025-0624
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 22, 2025. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-0624 Lower Tribunal No. 22-46097-CC-23 ________________

Zuriagne Montalvo Solis, Appellant,

vs.

Truist Bank, etc., Appellee.

An Appeal from a non-final order from the County Court for Miami- Dade County, Ayana Harris, Judge.

Zuriagne Montalvo Solis, in proper person.

Marcadis Singer P.A., and Robert J. Lindeman (Tampa), for appellee.

Before FERNANDEZ, MILLER, and GORDO, JJ.

PER CURIAM. Affirmed. See Fla. R. Civ. P. 1.070(j) (“If service of the initial process

and initial pleading is not made on a defendant within 120 days . . . the court,

on its own initiative after notice or on motion, must direct that service be

effected within a specified time . . . .” (emphasis added)); Borden v. E.-Eur.

Ins. Co., 921 So. 2d 587, 591 (Fla. 2006) (“Service of process . . . notif[ies]

a party of a legal claim and . . . enables the court to exercise jurisdiction over

the defendant and proceed to judgment.”); Aills v. Boemi, 29 So. 3d 1105,

1108 (Fla. 2010) (“fail[ing] to advance the specific ground of objection relied

upon by the district court for reversal . . . was not preserved for appellate

review.”); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152

(Fla. 1979) (“Without a record of the trial proceedings, the appellate court

can not properly resolve the underlying factual issues so as to conclude that

the trial court's judgment is not supported by the evidence or by an alternative

theory.”); Proctor v. Schomberg, 63 So. 2d 68, 70 (Fla. 1953) (“[T]he statute

of limitations is an affirmative defense and must be pleaded. It cannot be

taken advantage of by a motion to dismiss.”).