This firm regularly looks at the released cases out of every circuit case in the state of Florida that concerns mortgage foreclosures. Today, the 5th DCA came out and reiterated what has been said many times before: that service of process must be strictly complied with. In Schofield v. Wells Fargo Bank N.A., the 5th DCA reversed the trial court’s order denying defendant’s motion to quash service of process. The lower court denied the motion to quash despite finding that:
” the process server failed to include the date and time of service, his identification number, or his initials on any of the documents served on the Schofields.”
The 5th reached the logical conclusion in reversing the trial court when comparing what the process server did vs. the statute 48.301(5):
“A person serving process shall place, on the first page of at least one of the processes served, the date and time of service and his or her identification number and initials for all service of process. The person serving process shall list on the return-of-service form all initial pleadings delivered and served along with the process. The person issuing the process shall file the return-of-service form with the court.”
