Legal Opinion

Hubsch v. Howell Creek Reserve Community

District Court of Appeal of Florida

Decided January 16, 2015No. 5D14-2272PublishedCited by 2 opinions

1Opinion of the CourtOrfinger, J.

Nanci Hubsch appeals a final summary judgment foreclosing a homeowner’s association lien. She argues that she was denied due process when the trial court failed to allow her to appear telephonieally for the summary judgment hearing despite filing a proper and timely motion for a telephonic appearance. We agree and reverse.

Howell Creek Reserve Community Association, Inc. filed a complaint seeking to foreclose a lien for unpaid association assessments. Ms. Hubsch filed a pro se answer from prison where she currently resides, generally denying Howell Creek’s complaint. However, Ms. Hubsch’s…

2Cases cited2 opinions

  1. Johnson v. JohnsonDistrict Court of Appeal of Florida · 2008
  2. Rogers v. RogersDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. Garcia v. R. A. G. ex rel. HurdDistrict Court of Appeal of Florida · 2017
  2. Rodriguez v. RodriguezDistrict Court of Appeal of Florida · 2015

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