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MICELI v. BANK OF NEW YORK MELLON TRUST COMPANY, N.A., 193 So.3d 12 (2016)

Court: Court of Appeals of Florida Number: inflco20160224166 Visitors: 6
Filed: Feb. 24, 2016
Latest Update: Feb. 24, 2016
Summary: PER CURIAM . Because the appellants have not preserved the claim of error for review, we affirm the non-final order on appeal, which determines that the motion to quash service of process was moot. However, before the trial court rules on the pending motion to quash re-service of process, it must determine the validity of the original service of process from 2014. See Vidal v. SunTrust Bank, 41 So.3d 401 , 404 (Fla. 4th DCA 2010) ("The validity of the original service must first be dete
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Because the appellants have not preserved the claim of error for review, we affirm the non-final order on appeal, which determines that the motion to quash service of process was moot. However, before the trial court rules on the pending motion to quash re-service of process, it must determine the validity of the original service of process from 2014. See Vidal v. SunTrust Bank, 41 So.3d 401, 404 (Fla. 4th DCA 2010) ("The validity of the original service must first be determined before the trial court can rule on the pending motion [to quash the second service].").

Affirmed.

STEVENSON, CONNER and KLINGENSMITH, JJ., concur.

Source:  Leagle

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