Legal Opinion
Bank of America, N.A. v. Michael N. Fogel and Rita Fogel
District Court of Appeal of Florida
Decided May 18, 2016No. 4D14-4518PublishedCited by 1 opinion
1Opinion of the CourtMay, J.
Everything in life is timing. This is a simple case of due process. The bank appeals an order that vacated its foreclosure judgment. ■ It argues that it was denied reasonable notice and an opportunity to be heard. • We agree and reverse. '
After the trial court entered a final judgment of foreclosure in favor of the bank, the borrowers moved for rehearing. Subsequently, on September 29, 2014, an attorney from Van Ness Law Firm, PLC filed a notice of appearance as co-counsel for the bank and designated its primary email address. Tripp Scott, P.A. represented the bank at trial.
On October 15,-…
2Cases cited4 opinions
- Christine Swistock Flegal, Amy Swistock, Peggy S. Keeshin and Nancy Swistock Snyder v. Guardianship of Peter R. Swistock, Sr.District Court of Appeal of Florida · 2015
- Department of Children And Families and A.H., a child v. T.S., the Mother and R.H., the FatherDistrict Court of Appeal of Florida · 2015
- U.S. Bank National Ass'n v. ProenzaDistrict Court of Appeal of Florida · 2015
- Torres v. One Stop Maintenance & Management, Inc.District Court of Appeal of Florida · 2015
3Cited by1 opinion
- MERLANDE RICHARD and ELIE RICHARD v. BANK OF AMERICADistrict Court of Appeal of Florida · 2018