De Vico v. Chase Manhattan Bank
Docket: 3D01-1442
Court: District Court of Appeal of Florida; July 10, 2002; Florida; State Appellate Court
Paul De Vico appeals the denial of his Objection to Sale of Foreclosed Property and Motion for Relief from Final Judgment concerning a foreclosure initiated by The Chase Manhattan Bank. The appellate court reverses the trial court's decision, finding that the lender failed to make adequate efforts for personal service. Despite attempting service at De Vico's New York address on two occasions, the process server was informed that De Vico was in Florida, yet the lender did not pursue further attempts for personal service and instead proceeded with constructive service. The court cites the need for an honest and conscientious effort to comply with service requirements as established in prior case law. The lack of reasonable effort to serve De Vico justified the reversal, leading the court to instruct the trial court to vacate the Default, the Summary Final Judgment for Foreclosure, and the auction sale of the property to a third party.