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Hasmukhbai PATEL, a/k/a Hasmukh Patel and Hemuben Patel, a/k/a Hemu Patel, Appellants, v. WILMINGTON SAVINGS BANK, FSB, as Trustee FOR STANWICH MORTGAGE LOAN TRUST A, Appellee.

District Court of Appeal of Florida, Fifth District2018-07-06No. Case No. 5D17–1900
249 So. 3d 778

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Opinion

majority opinion

PER CURIAM.

Hasmukhbai Patel and Hemuben Patel appeal the trial courts nonfinal order denying their motion to quash constructive service of process in the foreclosure action brought by Wilmington Savings Bank, FSB, as Trustee for Stanwich Mortgage Loan Trust A (the Bank), against the Patels. Because the trial court did not rule that it obtained personal jurisdiction over the Patels, but instead determined only that it had in rem jurisdiction, this Court lacks jurisdiction over this nonfinal order and we dismiss the appeal. See Archer v. U.S. Bank Natl Assn, 220 So.3d 477, 478-79 (Fla. 5th DCA 2017) (dismissing appeal because nonfinal order denying mortgagors motion to quash constructive service of process did not refer to personal jurisdiction and no assertion of personal jurisdiction was made in trial court); Koniecpolski v. Stelnicki, 571 So.2d 577, 578 (Fla. 5th DCA 1990) (dismissing appeal because Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) does not vest jurisdiction in this Court over nonfinal order denying motion to quash constructive service of process in foreclosure proceeding when order does not determine jurisdiction of person).

APPEAL DISMISSED.

SAWAYA, ORFINGER and EDWARDS, JJ., concur.