REAL ESTATE: MORTGAGE FORECLOSURE: SALE: TRIAL COURT VIOLATED DUE PROCESS OF LAW BY SETTING ASIDE FORECLOSURE SALE WITHOUT NOTICE TO BUYER: ORDER SETTING ASIDE SALE REVERSED BECAUSE OF LACK OF NOTICE TO BUYER, INSUFFICIENCY OF OBJECTIONS, AND ABSENCE OF FINDINGS OR EVIDENCE IN RECORD OF MISCONDUCT, DEFECT, OR IRREGULARITY IN SALE

Skelton v. Lyons, ___ So. 3d ___, 40 Fla. L. Weekly D403 (Fla. 2d DCA February 11, 2015)

The appellate court, in a mortgage foreclosure, reversed an order setting aside a judicial sale because (1) due process was violated because the purchaser did not receive notice of the objections to the sale or the hearing on the objections, (2) the … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: RELIEF FROM JUDGMENT: NOTICE: TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO GRANT RELIEF FROM ORDER CLOSING FORECLOSURE ACTION WITHOUT NOTICE BECAUSE ORDER VIOLATED DUE PROCESS AND WAS VOID

U.S. Bank National Association v. Proenza, ___ So. 3d ___, 40 Fla. L. Weekly D256 (Fla. 3d DCA January 21, 2015)

The trial court abused its discretion by denying the plaintiff’s motion for relief from a final order closing its foreclosure action. The order was void for violation of due process because it was entered without notice to the parties.… Click To Read Full Case Law Review...

REAL ESTATE: HOMEOWNER’S ASSOCIATION: LIEN FORECLOSURE: CIVIL PROCEDURE: TRIAL COURT DEPRIVED PRISON INMATE OF DUE PROCESS OF LAW BY IGNORING HER MOTION TO APPEAR TELEPHONICALLY AT SUMMARY JUDGMENT HEARING: NONLAWYERS: INMATE’S DAUGHTER, WHO WAS NOT LICENSED TO PRACTICE LAW, LACKED AUTHORITY TO APPEAR AS HER MOTHER’S REPRESENTATIVE AT THE HEARING AND TO AGREE TO THE ENTRY OF JUDGMENT

Hubsch v. Howell Creek Reserve Community, ___ So. 3d ___, 40 Fla. L. Weekly D214 (Fla. 5th DCA January 16, 2015)

The appellate court reversed final summary judgment foreclosing a homeowner’s association lien for unpaid assessments. The trial court deprived the defendant, a prison inmate, of due process of law by ignoring her motion to appear telephonically. Although the … Click To Read Full Case Law Review...

FAMILY LAW: TRIAL COURT VIOLATED DUE PROCESS OF LAW BY ADOPTING AND INCORPORATING MARITAL SETTLEMENT AGREEMENT IN ITS FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE BECAUSE WIFE OBJECTED, HAD A PENDING MOTION TO SET ASIDE THE MARITAL SETTLEMENT AGREEMENT, AND WAS NOT GIVEN OPPORTUNITY TO BE HEARD AND PRESENT EVIDENCE

Giddins v. Giddins, ___ So. 3d ___, 39 Fla. L. Weekly D2325 (Fla. 1st DCA November 6, 2014)

The appellate court reversed a final judgment of dissolution of marriage, which adopted and incorporated the marital settlement agreement, because the wife objected to the agreement, had a pending motion to set it aside, and was not given “the opportunity to … Click To Read Full Case Law Review...

FAMILY LAW: CIVIL PROCEDURE: DUE PROCESS: TRIAL COURT DEPRIVED WIFE OF DUE PROCESS OF LAW BY ENTERING FINAL JUDGMENT BEFORE EXPIRATION OF TIME GRANTED TO WIFE TO CONDUCT ADDITIONAL DISCOVERY AFTER FINAL HEARING

Garcell v. Garcell, ___ So. 3d ___, 39 Fla. L. Weekly D2297 (Fla. 4th DCA November 5, 2014)

At the conclusion of the final hearing, the trial court provided the wife with an additional forty-five days to conduct discovery, but the trial court entered final judgment after only twenty-seven days.  The appellate court held that the trial court abused … Click To Read Full Case Law Review...