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.

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: Judgment category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/civil-procedure/judgment/.

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.