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NATIONAL EQUITY RECOVERY SERVS. v. WILLIAMS

No. 3D07-1310.

962 So.2d 977 (2007)

NATIONAL EQUITY RECOVERY SERVICES, INC., Petitioner, v. Frances WILLIAMS and Truman Capital Mortgage Loan Trust 2005-1, Respondents.

District Court of Appeal of Florida, Third District.

August 1, 2007.

Attorney(s) appearing for the Case

Kevin Coyle Colbert, for petitioner.

Frances Williams, in proper person.

Smith, Hiatt & Diaz and Diana B. Matson, Ft. Lauderdale, for respondent Truman Capital Mortgage Loan Trust 2005-1.

Before GERSTEN, C.J., and ROTHENBERG and LAGOA, JJ.

LAGOA, Judge.

National Equity Recovery Services, Inc. ("NERS") petitions for a writ of certiorari. We treat the petition as a plenary appeal1, and find that the trial court erred in entering the disbursement Order without first holding an evidentiary hearing pursuant to Section 45.032, Florida Statutes (2006).

On February 15, 2007, the trial court entered a final judgment of foreclosure in favor of the plaintiff, Truman Capital...

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