MEANA
v.
U.S. BANK
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A hearing must be conducted before entry of final judgment in a foreclosure action, even when the appellee concedes error on this issue.
[1] A trial court commits fundamental error by entering final summary judgment in a foreclosure action without conducting a hearing on the motion for summary judgment.
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Join FLexlaw to unlock all legal intelligenceA final judgment of foreclosure was entered on September 28, 2017. The appellee conceded error regarding the trial court's failure to conduct a hearin…
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PER CURIAM.
Based upon Appellee’s concession of error solely as to the issue that a hearing was required before entry of final judgment, we dismiss the appeal and remand with instructions to vacate the final judgment of foreclosure rendered on September 28, 2017 and to conduct a hearing consistent with our holding in Chiu
v. Wells Fargo Bank, N.A., 43 Florida Law Weekly D672 (Fla. 3d DCA March 28,
2018) (finding that the trial court committed fundamental error in entering final summary judgment before conducting a hearing on Wells Fargo’s motion for summary judgment).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Chiu v. Wells Fargo Bank, 242 So. 3d 461 (Fla. 3d DCA 2018)
- Williams v. Alabama, 359 U.S. 1004 (U.S. 1959)
- DeVries v. Baumgartner's Elec. Constr. Co., 360 U.S. 923 (U.S. 1959)