Reive v. Deutsche Bank National Trust Company, ___ So. 3d ___, 40 Fla. L. Weekly D725 (Fla. 4th DCA March 25, 2015)
The plaintiff in a mortgage foreclosure filed a motion for continuance ten days before trial because a new loan servicer had been appointed and needed more time to review the loan documents. When the trial court denied the motion, the plaintiff listed new witnesses and documents only four days before trial and was permitted to call the witnesses and introduce the documents in evidence during the trial. The appellate court reversed judgment for the plaintiff and remanded for a new trial. The trial court abused its discretion by denying the motion for continuance and violated due process by allowing the plaintiff to call witnesses and introduce documents without adequate notice to the defendant.
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