REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: CONTINUANCE: UNTIMELY DISCLOSURE OF NEW WITNESSES AND EXHIBITS: NEW TRIAL: TRIAL COURT ABUSED DISCRETION BY DENYING PLAINTIFF’S UNOPPOSED MOTION FOR CONTINUANCE AND THEN VIOLATED DUE PROCESS BY ALLOWING PLAINTIFF TO CALL WITNESSES AND TO INTRODUCE EXHIBITS DISCLOSED ONLY FOUR DAYS BEFORE TRIAL

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.

To read more briefs in the Real Estate: Mortgage Foreclosure category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/real-estate-law/mortgage-foreclosure/.

To read more briefs in the Civil Procedure category of the Kashi Law Letter, please click here,  http://www.kashilawletter.com/category/civil-procedure/.

To read more briefs in the Trial category of the Kashi Law Letter, please click here,  http://www.kashilawletter.com/category/trial/.

To read more briefs in the Constitutional Law: Due Process category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/constitutional-law/due-process.