NANCY J. WILLIAMS, APPELLANT,
v.
ROBERT L. BROWN AND ANNA D. BROWN, CHEMICAL BANK FLORIDA (SAVINGS BANK) F/N/A CHEMICAL BANK AND TRUST COMPANY OF FLORIDA, N.A., AS TRUSTEE FOR THE THOMAS J. EVANS III TRUST, AND VILLA DEL SUR CONDOMINIUM ASSOCIATION, INC., APPELLEES
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Florida appellate court affirmed the denial of a motion to quash service of process against a resident defendant served at counsel's office, but reversed and remanded to increase an inadequate receiver's bond in a mortgage foreclosure action.
Service of process on a Florida resident cannot be quashed merely because the resident was lured to a meeting to be served.
[1] Service of process on a Florida resident cannot be quashed on the ground that the resident was fraudulently or deceptively lured into the jurisdiction to be served.
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PER CURIAM.
Appellant, defendant in a mortgage foreclosure, argues that the trial court erred in denying her motion to quash service of process, where she was served while attending a meeting at the office of counsel for the appellee mortgagee. Appellant, a Florida resident, relies on cases in which personal service has been quashed where the person served was enticed into the jurisdiction by fraud or deceit. Citrexsa, S.A. v. Landsman, 528 So. 2d 517 (Fla. 3d DCA 1988), and cases cited therein. We conclude that since appellant is a Florida resident, the fact that she may have been lured to a meeting to be served is not a basis on which service should be quashed. Schwarz v. Artcraft Silk Hosiery Mills, Inc., 110 F. 2d 465 (2d Cir.1940), and Wright & Miller, Federal Practice and Procedure § 1076 (1987).
Defendant also argues that the appointment of a receiver for this 24 unit rental apartment building was improper and that the $2,000.00 receiver’s bond was too low. We affirm the appointment of a receiver but conclude that the bond was inadequate. Stonebridge Assocs. Ltd. v. City Nat’l Bank of Miami, 573 So. 2d 211 (Fla. 4th DCA 1991). We therefore reverse solely for the trial court to set an appropriate receiver’s bond.
GLICKSTEIN, FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schwarz v. Artcraft Silk Hosiery Mills, Inc., 110 F.2d 465 (2d Cir. 1940)
- Citrexsa, S.A. v. Landsman, 528 So. 2d 517 (Fla. 3d DCA 1988)
- Stonebridge Assocs., Ltd. v. City Nat'l Bank OF Miami under Tr. No. 5004373, 573 So. 2d 211 (Fla. 4th DCA 1991)
- Hawthorne Indus., Inc. v. Transohio Sav. Bank, 573 So. 2d 211 (Fla. 4th DCA 1991)