Boss v. Flagstar Bank, F.S.B.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 LENDON E. BOSS, JR., Appellant, v. FLAGSTAR BANK, F.S.B., Appellee. No. 4D10-1688 [October 6, 2010] PER CURIAM. Appellee has filed a concession of error based on a case decided after it filed its answer brief. Based on that concession, and on a stipulation with appellant, we reverse the order denying appellant s motion to quash service of process and remand to the circuit court, where appellee shall have 120 days from the date of the order of remand to effect proper service of process. GROSS, C.J., FARMER and HAZOURI, JJ., concur. * * * Appeal of a non-final order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Meenu Sasser, Judge; L.T. Case No. 502009CA006090XXXXMB. Thomas E. Ice of Ice Legal, P.A., West Palm Beach, for appellant. Asher Perlin of Ben-Ezra & Katz, P.A., Fort Lauderale, for appellee. Not final until disposition of timely filed motion for rehearing.

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