SHLISHEY THE BEST v. CITIFINANCIAL EQUITY

No. 2D09-135.

14 So.3d 1271 (2009)

SHLISHEY THE BEST, INC., Appellant, v. CITIFINANCIAL EQUITY SERVICES, INC.; and Darryl Lowery and Wedsel Lowery, Appellees.

District Court of Appeal of Florida, Second District.

July 8, 2009.


Attorney(s) appearing for the Case

George J.F. Werner, Clearwater, for Appellant.

W. Glenn Jensen and Shayne A. Thomas of Roetzel & Andress, LPA, Orlando, for Appellee CitiFinancial Equity Services, Inc.

No appearance for Appellees Darryl Lowery and Wedsel Lowery.


VILLANTI, Judge.

Shlishey the Best, Inc., the third-party purchaser at a foreclosure sale, appeals the trial court's order that set aside the foreclosure sale and vacated the certificate of sale, contending that it was denied procedural due process because the trial court entered the order ex parte and with no opportunity for Shlishey to be heard. Because the record supports this assertion, we reverse and remand for further proceedings.

The facts here are...

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