MEGAN K. LEBEN
v.
RAYME L. SUAREZ, ETC.

Fla. 3d DCA | 2023-10-11
No. 2023-0838
Florida District Court of Appeal, Third District (2023)

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Holding

A trial court lacks authority to enter orders compelling the sale of real property in a guardianship case when service of process is insufficient and the court has not properly exercised in rem jurisdiction over the property.


Headnotes

[1] In an in rem action concerning real property, a court must have both subject-matter jurisdiction to adjudicate the class of cases and jurisdictional authority over the la…

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Key Quotes

“strict compliance with service of process procedures is required”

Court citing Baraban v. Sussman regarding the requirement for proper service in order for a court to exercise jurisdiction.

Facts & Procedural History

A guardian filed a motion to compel the sale of real property located in Lighthouse Point, Broward County, Florida on behalf of a ward. The trial cour…

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Opinion of the Court

Rayme L. Suarez, etc.,

Appellee. Appeals from the Circuit Court for Monroe County, Luis Garcia, Judge. Taylor English Duma LLP, and Christopher D. Cathey, for appellant. Law Office of Jack Bridges., P.A., and Jack Bridges, for appellee. Before EMAS, MILLER, and LOBREE, JJ. MILLER, J.

Footnotes
1 We sua sponte consolidate these two appeals. In these consolidated appeals, appellant, a relative of the ward, challenges a series of orders rendered in companion mental health and incapacity cases after appellee, the guardian, filed a motion to compel the sale of certain real property located in Lighthouse Point, Broward County, Florida.2 As relevant here, the orders direct appellant to correct the deed, require appellee to list the property with a specified agent within a time certain, and provide that all sale proceeds shall be deposited in a previously established brokerage account and used for the care and maintenance of the ward. Based upon the guardian’s commendable confession of error, along with our own independent review of the record, we find that asserted jurisdictional defects concerning the lack of service of process and unauthorized exercise of in rem jurisdiction are fatal to the orders under review. See Baraban v. Sussman, 439 So. 2d 1046, 1047 (Fla. 4th DCA 1983) (reversing and remanding to “quash the service of process” when service was insufficient because “strict compliance with service of process procedures is required”); see also State, Dept. of Nat. Res. v. Antioch Univ., 533 So. 2d 869, 872 (Fla. 1st DCA 1988) (“[W]here the cause of action is in rem, the court has subject-matter jurisdiction only if it has both jurisdictional power to adjudicate the class of cases to which the cause belongs and
2 We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(i). jurisdictional authority over the land which is the subject matter of the controversy.”). Accordingly, we reverse and remand. Reversed and remanded.

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