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...