obligations to respond to the lawsuit.
the Defendant's Affidavit labeled Exhibit
On August 31, 2009 the Clerk
entered a Default Judgment for the Plaintiff. TheCourt set a Sale Date
the property at issue
the instant action for August
Your undersigned counsel has directed the defendant to file complaints with theFlorida Bar and with the Florida Attorney General's Office to investigate the exactnature
the services rendered
First Attorney. Your undersigned respectfullyrequests that default and summary judgment be set aside until such time as factsrelated
state lawyer's representation are fully developed.
SETTING ASSIDE DEFAULT AND SUMMARY JUDGMENT FORIMPROPER SERVICE OF PROCESS
Statutes governing service
proves are to
strictly construed to assure thatdefendants are notified
the proceedings and have the opportunity to protect theirrights. Shurman
So. 2d 952 (Fla. 2001);Shepheard
Deutsche Bank Trust Co. Ams., 922 So.2d 340 (Fla. 5
DCA 2006); seealso Redfield Inv. A.V.V.
Pinecret, 990 So.2d
(Fla. 3d DCA 2008)(holding that because lack
personal service implicates due process concerns, theplaintiff must strictly comply with the statutory requirements); Floyd
Fed. Nat'lMortgage Ass'n, 704 So.2d 1110 (Fla. 5
DCA 1998) (holding that constructiveservice statutes require strict compliance). Additionally, "[t]he failure to strictlyadhere to the statutes' required deprives the court
jurisdiction over the defendantimproperly serviced." Shepheard, at 343.
a foreclosure action is permitted(Florida Statutes 49.011), a mortgage holder may only resort to service