Wells Fargo Bank v. Conaway, No. 09-000145 (Fla. 6th Cir. Jan. 11, 2010)

In another mortgage foreclosure case, which was successfully argued by your author, the Bank obtained final summary judgment without notifying the defendant, or their counsel, of the summary judgment hearing.  The defendant filed an emergency motion to set aside final judgment.  The court found that the defendant had an inalienable due process right to notice of the summary judgment hearing pursuant to State Farm Fire and Casualty Co. v. Lezcano, 34 Fla. L. Wkly. D2105a (Fla. 2d DCA Oct. 14, 2009) and Greene v. Siegle, 745 So.2d 411 (Fla. 4th DCA 1999) and overturned the judgment pursuant to the court’s authority under Rule 1.540(b), Fla. R. Civ. Pro.