Supreme Court of Florida

Smetal Corporation v. West Lake Investment Co., Hulda Elsasser

April 16, 1936126 Fla. 595

Summary

The Florida Supreme Court reversed and remanded the Circuit Court's dismissal of Smetal Corporation's amended bill, holding that the foreclosure decree was obtained through improper service by publication because Smetal had complied with statutory requirements, and that the dismissal was erroneous despite prior res judicata arguments. Several dissenting and concurring opinions contested the majority's construction of the service statute.