Horizon Construction Management Services, Inc. v. Memphis Investments, Inc.

NORTHCUTT, Judge.

Horizon Construction Management Services, Inc., appeals a nonfinal post-judgment order rescheduling a foreclosure sale. We reverse for a proper evidentiary hearing on Horizon’s claim that the foreclosure judgment was negated by a settlement agreement between the parties.

Memphis Investments, Inc., sued Horizon on a note and mortgage and obtained a final judgment of foreclosure. After the trial court denied Horizon’s motion for reconsideration but before the time for appeal had run, Horizon filed a bankruptcy petition. Due to the automatic stay occasioned by the bankruptcy…