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IN THE SUPREME COURT OF FLORIDA - page 8 / 26

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STATEMENT OF THE CASE AND FACTS

Atlantic accepts Shurman's statement of the case and facts

with the following exceptions and additions.

The action below was a residential mortgage foreclosure case

commenced

by

Atlantic

in

March

1998.

R1:1-15.

The

mortgaged

property

was

owned

by

Shurman

and

his

wife.

Service

of

process

was effected on Shurman's wife personally and on Shurman by

substitute

service

on

his

wife

at

their

home.

R1:151;

R2:7;

A.1,

p.1;

A.2,

p.6,

13.

2

At

the

time

of

service,

Shurman

was

in

prison.

R1:152;

R1:113,

Exhibit

"A";

A.2,

p.6.

According to Shurman, his wife failed to tell him about the

foreclosure

action.

Id.

3

As

a

result,

he

did

not

file

any

response to the complaint, and because the wife did not answer

either,

defaults

were

entered

against

them

in

May

1998.

R1:34.

Atlantic moved for and was granted a final summary judgment

of foreclosure and the property was sold at a foreclosure sale in

June

1998

to

the

second

mortgagee.

R1:43.

Shurman

contends

he

learned about the suit from his wife after judgment was entered

and

the

property

was

sold.

R1:152;

A.2,

p.6.

Seven

months

later

2 Appendix 2 is a transcript from Shurman's motion to set aside the record cite number because it was index to the record on appeal was

the trial judgment.

court hearing on It does not have

a

added to the record after

the

prepared.

See,

A.3.

3 In his brief, Shurman maintains that he and his wife were separated and that Atlantic knew he was not living in the home at

the time evidence

service was effected. Br.9, 10. There is, in the record to support these contentions.

however,

no

1

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