McAllister v. BREAKERS SEVILLE ASS'N, INC.
Opinion
Steven McALLISTER, Appellant,
v.
BREAKERS SEVILLE ASSOCIATION, INC., Appellee.
District Court of Appeal of Florida, Fourth District.
Robert Rivas, Spencer M. Sax and Ronna Friedman Young, of Sachs, Sax & Klein, Boca Raton, for appellant.
Mark S. Mucci of Benson, Mucci & Associates, LLP., Fort Lauderdale, for appellee.
*1156 FARMER, C.J.
Reversed. The entry of a final judgment was error because no notice of trial was properly given. A notice of hearing merely stating that an "evidentiary hearing" will be held is, without more, insufficient to give proper notice to a party that a full trial on the merits of all issues in the case will be held at the specified time. We also reject the argument that the record demonstrates with adequate clarity a waiver of the notice issue by acquiescence in the trial court's insistence that counsel present her case.
SHAHOOD and TAYLOR, JJ., concur.
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891 So. 2d 1155 (McAllister v. BREAKERS SEVILLE ASS'N, INC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.