Legal Opinion

Nationstar Mortgage, LLC v. Prine and Saucier

District Court of Appeal of Florida

Decided November 12, 2015No. 3D14-2941Published

1Opinion of the CourtFernandez, J.

Nationstar Mortgage, LLC, appeals a final order denying its motion to vacate order of dismissal in this mortgage foreclosure case. We reverse the order of dismissal and remand for a new trial because Nationstar had a due process right to the notice of trial, which it did not receive when the trial court clerk erroneously transmitted the notice for service to an incorrect e-mail address.

Nationstar sought to foreclose on a mortgage that appellees Steven Prine and Courtney Saucier executed. The trial court issued its Order Setting Cause for Trial by Court and Directing Pretrial Procedure on June…

2Cases cited6 opinions

  1. World on Wheels of Miami, Inc. v. INTERN. AUTO MOTORS, INC.District Court of Appeal of Florida · 1990
  2. Barco Holdings, LLC v. Terminal Inv. Corp.District Court of Appeal of Florida · 2007
  3. Mourning v. Ballast Nedam Const., Inc.District Court of Appeal of Florida · 2007
  4. Schuman v. INTERNATIONAL CONSUMER CORP.District Court of Appeal of Florida · 2010
  5. Ciolli v. City of Palm BayDistrict Court of Appeal of Florida · 2011

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