Legal Opinion · Dissent

Lyon v. Sanford

District Court of Appeal of Florida

Decided March 21, 2005No. 1D03-4621Published

1DissentErvin, J.

I take strong issue with the majority’s characterization of the one and only hearing afforded appellant on her emergency motions to vacate the judgment of foreclosure and to set aside the judicial sale as implying that appellant was then permitted a meaningful opportunity to present evidence supporting the allegations made in her motions that she suffered from a bipolar/manic depression condition that rendered her incapable of appreciating the nature of the foreclosure suit to which she was made a party, and made her unable to take appropriate steps to preserve her homestead, and that, at the…

2Cases cited11 opinions

  1. Arlt v. BuchananSupreme Court of Florida · 1966
  2. Ohio Rlty. Inv. Corp. v. Southern Bk. of W. Palm BeachSupreme Court of Florida · 1974
  3. Moran-Alleen Co. v. BrownSupreme Court of Florida · 1929
  4. COQUINA BEACH CLUB CONDOMINIUM v. WagnerDistrict Court of Appeal of Florida · 2002
  5. Fernandez v. Suburban Coastal Corp.District Court of Appeal of Florida · 1986

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