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 defendant’s daughter supposedly appeared as the defendant’s representative and agreed to the entry of final judgment, the daughter was not licensed to practice law and lacked the authority to act as her mother’s legal representative.

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