Buscemi v. Guis

District Court of Appeal of Florida

Buscemi v. Guis

686 So. 2d 787, 1997 Fla. App. LEXIS 196, 1997 WL 20758

CourtDistrict Court of Appeal of Florida

DecidedJanuary 22, 1997

DocketNo. 96-766

StatusPublished

This text of 686 So. 2d 787 (Buscemi v. Guis) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buscemi v. Guis, 686 So. 2d 787, 1997 Fla. App. LEXIS 196, 1997 WL 20758 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We reverse the order reinstating the foreclosure sale and ordering the clerk to issue title to the successful bidder. The record does not adequately reflect that appellant received notice of the motion to reinstate foreclosure and its accompanying documents, including a notice setting the motion for hearing on February 20, 1996. This may explain why appellant was apparently not present or represented at the hearing on that motion, which ultimately resulted in the order being appealed.

In an abundance of caution, we remand this case to the trial court so that the appellant has an opportunity to be heard in opposition to the motion to reinstate foreclosure.

Reversed and remanded.

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PER CURIAM.

We reverse the order reinstating the foreclosure sale and ordering the clerk to issue title to the successful bidder. The record does not adequately reflect that appellant received notice of the motion to reinstate foreclosure and its accompanying documents, including a notice setting the motion for hearing on February 20, 1996. This may explain why appellant was apparently not present or represented at the hearing on that motion, which ultimately resulted in the order being appealed.

In an abundance of caution, we remand this case to the trial court so that the appellant has an opportunity to be heard in opposition to the motion to reinstate foreclosure.

Reversed and remanded.

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Bluebook (online)

686 So. 2d 787, 1997 Fla. App. LEXIS 196, 1997 WL 20758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buscemi-v-guis-fladistctapp-1997.