Van Ness prevails in due process appeal

On May 18, 2016, the Fourth District Court of Appeal agreed with Van Ness Law Firm, PLC and its client and reversed a final judgment entered in favor of a borrower. In Bank of Am., N.A. v. Fogel, ____ So. 3d ____; 2016 Fla. App. LEXIS 7648 (Fla. 4th DCA May 8, 2016), plaintiff had prevailed, initially, at the trial court level and received a judgment in its favor. Defendant filed a motion for rehearing, raising various issues with the judgment and plaintiff’s case. The trial court entered an order on October 15, setting an evidentiary hearing for October 20 and requiring plaintiff to complete various tasks within five days of the hearing. The order was mailed, not emailed, and was not mailed to an attorney at plaintiff’s law firm.

Van Ness argued that plaintiff had been denied procedural due process, because it was only provided with one business day’s notice of an evidentiary hearing. Van Ness further argued that the additional irregularities, in terms of not mailing the order to an attorney and requiring certain acts to be accomplished in an impossible timeframe, required reversal. The Court agreed, reversed the amended final judgment, and remanded the case to the trial court. A link to the opinion is below:

http://www.4dca.org/opinions/May%202016/05-18-16/4D14-4518.op.pdf