Wells Fargo Bank v. Conaway, No. 09-000145 (Fla. 6th Cir. Jan. 11, 2010)

By Brian Willis on January 21, 2010 10:05 PM | Permalink | Comments (0) | TrackBacks (0)

In another mortgage foreclosure case, which was successfully argued by your author, the Bank obtained final summary judgment without notifying the defendant, or their counsel, of the summary judgment hearing. The defendant filed an emergency motion to set aside final judgment. The court found that the defendant had an inalienable due process right to notice of the summary judgment hearing pursuant to State Farm Fire and Casualty Co. v. Lezcano, 34 Fla. L. Wkly. D2105a (Fla. 2d DCA Oct. 14, 2009) and Greene v. Siegle, 745 So.2d 411 (Fla. 4th DCA 1999) and overturned the judgment pursuant to the court's authority under Rule 1.540(b), Fla. R. Civ. Pro.

Wells Fargo Bank v. Conaway, No. 09-000145 (Fla. 6th Cir. Jan. 11, 2010).

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This page contains a single entry by Brian Willis published on January 21, 2010 10:05 PM.

Randy Cohen v. Sonia Aponte, 35 Fla. L. Wkly D137c (Fla. 4th DCA Jan. 6, 2010) was the previous entry in this blog.

Chemrock Corporation v. Tampa Electric Company d/b/a TECO Peoples Gas Company (Fla. 1st DCA Nov. 17, 2009) is the next entry in this blog.

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Brian Willis is licensed to practice law in Florida. He is an attorney with Becker & Poliakoff in the firm's Tampa Bay office, which is located at 311 Park Place Blvd., Suite 250, Clearwater, FL 33759.

Jason Baruch is licensed to practice law in Florida. He is an attorney with Trenam Kemker in the firm's Tampa Bay office, which is located at 101 E. Kennedy Boulevard, Suite 2700, Tampa, FL 33602.

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Wells Fargo Bank v. Conaway, No. 09-000145 (Fla. 6th Cir. Jan. 11, 2010)

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