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Walker v. Fifth Third Mortgage Company

By Kerry McInerney • Tuesday, December 4, 2012

On November 9, 2012, the Fifth District Court of Appeal issued its opinion on whether or not the service of process in a foreclosure action out of Marion County complied with the law.  The borrowers claimed that the service of process was due to be quashed because the process server failed to include the date and time of service, his identification number, and his initials on the process documents.

Section 48.031(5), Florida Statutes provides that a “person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process.”  The trial court denied the borrowers' motion to quash.  Because the process server failed to include the date and time of service or his identification number on any of the documents served on the borrowers, the 5th DCA reversed the trial court's order and held that the service of process on the borrowers was inadequate.

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