SOUTHEAST MORTG. CO. v. ANDREWS

No. 89-1137.

561 So.2d 33 (1990)

SOUTHEAST MORTGAGE COMPANY, Appellant, v. Enoch Nathaniel ANDREWS, Deborah M. Andrews, His Wife, and James D. Stelzel, Appellees.

District Court of Appeal of Florida, Fourth District.

May 23, 1990.


Attorney(s) appearing for the Case

Cynthia Z. Mackinnon of Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A., Orlando, for appellant.

William M. Lasley of William Lasley Law Office, West Palm Beach, for appellee-James D. Stelzel.


PER CURIAM.

We reverse the final order dismissing Southeast Mortgage Company's motion to set aside foreclosure sale and motion to vacate certificate of title, certificate of sale and foreclosure sale, and reschedule foreclosure sale.

Because the court erred in denying Southeast the evidentiary hearing to which it was entitled, we remand for a hearing on the merits of whether the filing of the motions was made within a reasonable time and whether the mistake...

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