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NOVASTAR MORTG., INC. v. BUCKNOR

No. 2D10-4545.

69 So.3d 959 (2011)

NOVASTAR MORTGAGE, INC., Appellant, v. Shedrick Arbonnetta BUCKNOR, a/k/a Shedrick A. Bucknor, a/k/a Shedrick Avonnetta Buchnor; Unknown Spouse of Shedrick Arbonnetta Bucknor, a/k/a Shedrick A. Bucknor, a/k/a Shedrick Avonnetta Buchnor; Unknown Person(s) in Possession of Subject Property; Suncoast Schools Federal Credit Union; South Pointe Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

July 22, 2011.

Attorney(s) appearing for the Case

James H. Wyman , of Hinshaw & Culbertson, LLP, Fort Lauderdale, for Appellant.

Pattie W. Halloran , of Gibbons, Neuman, Bello, Segall, Allen & Halloran, P.A., Tampa, for Appellee Shedrick A. Bucknor.

No appearance for remaining Appellees.

DAVIS, Judge.

Novastar Mortgage, Inc., challenges the trial court's order granting Shedrick Arbonnetta Bucknor's motion to set aside and vacate the final judgment of foreclosure and to void the foreclosure sale, the certificate of sale, and the certificate of title. Because the trial court granted Bucknor's motion without first conducting an evidentiary hearing, we reverse.

Novastar moved to foreclose the note and mortgage it held for Bucknor's property, which...

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