Legal Opinion
BAC Home Loans Servicing, L.P. v. Donald H. Ellison
District Court of Appeal of Florida
Decided July 30, 2014No. 1D13-4227PublishedCited by 8 opinions
1Opinion of the CourtWolf, J.
In this appeal, BAC Home Loans Servicing, L.P., challenges a final order of dismissal without prejudice for failure to appear at a hearing set by the trial court and subsequent denial of a Motion for Rehearing. We reverse.
Appellant alleges that no one appeared at a May 6, 2013, hearing on behalf of appellant because the trial court sent its sua sponte order to a different address than the address on record. Appellant argues that the trial court erred in dismissing the case without considering the appropriate factors set forth in Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993).
In a Motion for…
2Cases cited5 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ham v. DunmireSupreme Court of Florida · 2004
- Florida Nat. Organization for Women, Inc. v. StateDistrict Court of Appeal of Florida · 2002
- Crews v. ShadburneDistrict Court of Appeal of Florida · 1994
- Gaines v. PlacillaDistrict Court of Appeal of Florida · 1994
3Cited by8 opinions
- GMAC Mortgage, LLC v. Edward Whiddon, Holly WhiddonDistrict Court of Appeal of Florida · 2015
- BAC Home Loans Servicing L. P. etc. v. Jeffrey Robert Parrish etc.District Court of Appeal of Florida · 2014
- Federal National Mortgage Association v. LinnerDistrict Court of Appeal of Florida · 2016
- The Bank of New York Mellon etc. v. Michael DepieroDistrict Court of Appeal of Florida · 2015
- HSBC Bank USA v. CookDistrict Court of Appeal of Florida · 2015
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