CIVIL PROCEDURE: SUMMARY JUDGMENT: REHEARING: UNTIMELY COUNTER-AFFIDAVIT: EXCUSABLE NEGLECT

Asset Recovery Center Investments, LLC v. Hossairati, ___ So. 3d ___, 38 Fla. L. Weekly D1194 (Fla. 5th DCA May 31, 2013)

The appellee filed a motion for summary judgment.  The appellant did not file a counter-affidavit or appear for the hearing.  The trial court granted the motion and entered final summary judgment for appellee.  The appellant filed a Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: EXCUSABLE NEGLECT: DEFENSE COUNSEL’S FAILURE TO ATTEND SUMMARY JUDGMENT HEARING: MERITORIOUS DEFENSE: LACK OF STANDING: FAILURE TO CONDUCT EVIDENTIARY HEARING

Gascue v. HSBC Bank, U.S.A., ___ So. 3d ___, 37 Fla. L. Weekly D2073 (Fla. 4th DCA August 29, 2012)

The appellate court reversed an order denying the defendant’s motion for relief from summary final judgment of mortgage foreclosure because the trial court failed to conduct an evidentiary hearing although the plaintiff alleged colorable entitlement to relief.  Excusable neglect … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: EXCUSABLE NEGLECT: FAILURE TO CALENDAR HEARING ON MOTION FOR SUMMARY JUDGMENT: MERITORIOUS DEFENSE: FAILURE TO COMPLY WITH CONDITIONS PRECEDENT TO ACCELERATION

Acosta v. Deutsche Bank National Trust Company, ___ So. 3d ___, 37 Fla. L. Weekly D1184 (Fla. 4th DCA May 16, 2012).

The trial court abused its broad discretion by denying the defendant’s motion for relief from final summary judgment of foreclosure.  Excusable neglect existed because defense counsel and his paralegal swore that defense counsel “inadvertently failed to attend … Click To Read Full Case Law Review...

CONTRACTS: BREACH OF CONSTRUCTION CONTRACT: BREACH OF LOAN AGREEMENT; CIVIL PROCEDURE: DEFAULT: EXCUSABLE NEGLECT: JUDGMENT: RES JUDICATA: LAW OF THE CASE; CONSTITUTIONAL LAW: DUE PROCESS: UNLIQUIDATED DAMAGES: OPPORTUNITY TO BE HEARD

National City Bank v. Accent Marketing Associates, LLC, ___ So. 3d ___, 36 Fla. L. Weekly D2394 (Fla. 4th DCA November 2, 2011)

The plaintiff agreed to construct a home for the defendants, and the bank agreed to finance the construction.  A dispute arose between the parties, and the plaintiff sued the defendants to foreclose on a construction lien.  … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: RELIEF AFTER SALE; CONSTITUTIONAL LAW: DUE PROCESS: NOTICE: FAILURE TO SERVE COUNSEL WITH ORDER; CIVIL PROCEDURE: VACATING DEFAULT: EXCUSABLE NEGLECT: MENTAL INCAPACITY: SUCCESSIVE MOTIONS FOR RELIEF FROM JUDGMENT

Paul v. Wells Fargo Bank, N.A., ___So. 3d ___, 36 Fla. L. Weekly D1938 (Fla. 2d DCA September 2, 2011)

The appellate court reversed an order denying the homeowner’s motion to vacate a default judgment of foreclosure because (1) the trial court failed to provide defense counsel with a copy of the order denying the homeowner’s motion to set aside … Click To Read Full Case Law Review...