You are on page 1of 2

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL

CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA


THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK
AS TRUSTEE FOR THE CERTIFICATE
HOLDERS OF CWMBS 2004-12, N.A.
Plaintiff, CIRCUIT CIVIL DIVISION
v
UCN 502010CA025061XXXXMB
MELISSA TAYLOR, et al, Division AV
Defendant(s)
_____________________________________________________________________________
_
MOTION FOR ORDER QUASHING SERVICE OF PROCESS

COMES NOW, defendant Melissa Taylor, by and through the undersigned counsel and
pursuant to Florida Rules of Civil Procedure and files this Motion For Order Quashing Service
of Process and in support thereof states:
1. This is an action to foreclose a mortgage on real property located in Palm Beach
County, Florida.
2. Plaintiff’s Affidavits and service attempts do not meet the requirements of Florida
Statutes.
3. Plaintiff has failed to comply with Florida Statues 48.031 which states:

48.031 Service of process generally; service of witness subpoenas.--


(1)(a) Service of original process is made by delivering a copy of it to the person
to be served with a copy of the complaint, petition, or other initial pleading or
paper or by leaving the copies at his or her usual place of abode with any person
residing therein who is 15 years of age or older and informing the person of their
contents. Minors who are or have been married shall be served as provided in this
section. (Emphasis added)
4. "Absent strict compliance with the statutes governing service of process, the court
lacks personal jurisdiction over the Defendant". Sierra Holding v. Inn Keepers
Supply, 464 So 2nd. 652 (Fla. 4th DCA 1985). Fl. Rule Civ Pro 1.140;
5. In Carter v. Lil Joe Records, 829 So. 2nd 953 (Fla. 4th DCA 2002) the court notes:
“It is well established in Florida that: The object to be accomplished by service of
process is to advise the defendant that an action has been commenced against him and
warn him that he must appear within a certain time and at a certain place to make
such a defense as he has. Jurisdiction is perfected by the proper service of sufficient
process. Chapter 48, Florida Statutes, regulates process and service of process. These
statutes governing service of process are to be strictly construed to insure that a
defendant receives notice of the proceedings. The burden of proving the validity of
service of process is on the plaintiff.” Abbate v. Provident Nat'l Bank, 631 So.2d
312, 313 (Fla. 5th DCA 1994) (citations omitted).
6. "A judgment entered without due service of process is void." Falkner v. Amerifirst
Fed. Savs. & Loan Ass'n, 489 So.2d 758, 759 (Fla. 3d DCA 1986).

WHEREFORE, defendant Melissa Taylor requests an order of this Court Quashing the Service
of Process by plaintiff on the defendants, as well as any other relief deemed proper by the Court.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Florida Default PO Box 25018 Tampa, Fl., 33622-5018 this ____ day of _________ 2010 via
U.S. Mail postage prepaid.

Respectfully Submitted

By: _______________________
Rory Rohan FBN 0310093
900 Colony Point Circle
Suite 310
Pembroke Pines, Fl., 33026
561-252-4411

You might also like