LOUIS PACIOCCO, APPELLANT,
v.
YOUNG, STERN & TANNENBAUM, P.A., A FLORIDA PROFESSIONAL ASSOCIATION, APPELLEE
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PER CURIAM.
A Florida trial court has no in rem jurisdiction over notes secured by mortgages on real property located in a foreign state, to wit: New York. See and Compare Gribbel v. Henderson, 151 Fla. 712, 10 So. 2d 734 (1942); Fla.Jur.2d, Actions §§ 12 and 13. We therefore reverse the order, denying the motion for 1.540 relief, with directions to grant same and vacate the prior order dated December 3, 1984 and rendered December 3, 1984, setting the transfers of the notes and the assignments of the mortgages on such foreign property to Louis Paciocco.1
Reversed.
. According to the record, Louis Paciocco, a California resident, was never in the State of Florida. The assignments of mortgages were executed in New York and it does not appear that the notes secured by the mortgages were physically in Florida. This opinion is not to be construed as making any ruling as to whether or not the physical presence of the notes in Florida would constitute a res within the state which would support an in rem proceeding.
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Sargeant v. Mohammad Anwar Farid Al-Saleh, 137 So. 3d 432 (Fla. 4th DCA 2014)…this section to subject property or property rights of any defendant to execution.” § 56.29(9), Fla. Stat. However, Florida courts do not have in rem or quasi in rem jurisdiction over foreign property. See Paciocco v. Young, Stem & Tannenbaum, P.A., 481 So. 2d 39, 39 (Fla. 3d DCA 1985) (“A Florida trial court has no in rem jurisdiction over notes secured by mortgages on real property located in a foreign state....”); see also Rodriguez v. Smith, 673 So. 2d 559, 560 (Fla. 3d DCA 1996) (order requiring Miami p…
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Burns v. State, 147 So. 3d 95 (Fla. 5th DCA 2014)…Id. (citations omitted). “Florida courts do not have in rem or quasi in rem jurisdiction over foreign property.” Sargeant v. Al-Saleh, 137 So. 3d 432, 434 (Fla. 4th DCA 2014) (citations omitted); see also Paciocco v. Young, Stern & Tannenbaum, P.A, 481 So. 2d 39 (Fla. 3d DCA 1985) (“A Florida trial court has no in rem jurisdiction over notes secured by mortgages on real property located in a foreign state, to wit: New York”). In this case, because the bank accounts are located in foreign jurisdictions, the…
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Edelsten v. Mawardi, 137 So. 3d 459 (Fla. 4th DCA 2014)…nting him can confer, with authority to enable him to go into a foreign jurisdiction to take possession of the debtor’s property_”) (citations and internal quotations omitted) (alteration in original); cf. Paciocco v. Young, Stem & Tannenbaum, P.A., 481 So. 2d 39, 39 (Fla. 3d DCA 1985) (“A Florida trial court has no in rem jurisdiction over notes secured by mortgages on real property located in a foreign state .... ”). The trial court’s appointment of the Florida resident receiver to oversee an Ohio corpora…
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- Wakeman Griffin Gribbel v. Henderson, 151 Fla. 712 (Fla. 1942)