STEPHEN L. SHOCHET AND NANCY M. SHOCHET, APPELLANTS,

v.

AMTRUST BANK, A DIVISION OF OHIO SAVINGS BANK F.S.B., APPELLEE

Citator

Cited By (14 total)

• Nigel Shepheard and Heather Shepheard v. Deutsche Bank Tr. Co. Americas, 922 So. 2d 340 (Fla. 5th DCA 2006)
  …Fla. 5th DCA 2004). The party invoking the court’s jurisdiction has the burden of proving the validity of service of process. Torres, 867 So. 2d at 587. The constructive service statutes require strict compliance. Floyd v. Fed. Nat’l Mortgage Ass’n, 704 So. 2d 1110, 1112 (Fla. 5th DCA 1998). The failure to strictly adhere to the statutes’ requirements deprives the court of jurisdiction over the defendant improperly served. Anthony v. Gary J. Rotella & Assocs., P.A., 906 So. 2d 1205, 1207 (Fla. 4th DCA 2005).…
• Sudhoff v. Fed. Nat'l Mortg. Ass'n, 942 So. 2d 425 (Fla. 5th DCA 2006)
  …. to acquire the information necessary to accomplish personal service on the persons holding title or having possession of the mortgaged property so as to provide them with notice of the proceedings.” Id. (quoting Floyd v. Federal Nat. Mortg. Ass’n, 704 So. 2d 1110, 1112 (Fla. 5th DCA 1998)). A judgment against a defendant based upon improper service by publication lacks authority of law. Such improper service renders the judgment either void or voidable. The judgment is void where the service of process is s…
• Dian Lewis v. Fifth Third Mortg. Co., 38 So. 3d 157 (Fla. 3d DCA 2010)
  …v. Vill. of Pinecrest, 990 So. 2d 1135, 1138 (Fla. 3d DCA 2008) (holding that because lack of personal service implicates due process concerns, the plaintiff must strictly comply with the statutory requirements); Floyd v. Fed. Nat’l Mortgage Ass’n, 704 So. 2d 1110, 1112 (Fla. 5th DCA 1998) (holding that constructive service statutes require strict compliance). Additionally, “[t]he failure to strictly adhere to the statutes’ requirements deprives the court of jurisdiction over the defendant improperly served.”…