PALACIO v. ALASKA SEABOARD PARTNERS LTD.

No. 1D10-2690.

50 So.3d 54 (2010)

Jorge PALACIO and Elizabeth R. Palacio, Appellants, v. ALASKA SEABOARD PARTNERS LIMITED PARTNERSHIP, a Delaware Limited Partnership, and Citifinancial Equity Services, Inc.; Oakleaf Plantation Property Owners Association, Inc.; Unknown Tenant #1; Unknown Tenant #2; and Other Unknown Parties, Including the Unknown Spouse of Any Title Holder In Possession of Property, and If A Named Defendant Is Deceased, The Surviving Spouse, Heirs, Devisees, Grantees, Creditors, and All Other Parties Claiming By, Through, Under or Against That Defendant, and the Several and Respective Unknown Assigns, Successors In Interest, Trustees or Other Persons Claiming By, Through, Under or Against Any Corporation or Other Legal Entity Named As A Defendant, and All Claimants, Persons or Parties, Natural or Corporate, or Whose Exact Legal Status is Unknown, Claiming Under Any of The Above Named or Described Defendants, Appellees.

District Court of Appeal of Florida, First District.

December 8, 2010.


Attorney(s) appearing for the Case

Henry W. Hicks and Adam J. Knight of Henry W. Hicks, P.A., Tampa, for Appellants.

Laura L. Walker and Klarika J. Caplano of Florida Foreclosure Attorneys, PLLC, Clearwater, for Appellees.


THOMAS, J.

Appellants seek reversal of the trial court's summary denial of their motion to set aside and vacate a default judgment entered against them in the foreclosure proceedings below. For the reasons explained below, we reverse the trial court's order.

Factual Background

Appellants were served with a foreclosure complaint in February 2009, to which they did not file a response due to what they understood to be assurances by the loan...

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