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KELLY v. BANKUNITED, FSB

No. 4D11-2022.

125 So.3d 981 (2013)

Brian KELLY a/k/a Brian K. Kelly, Appellant, v. BANKUNITED, FSB, Appellee.

District Court of Appeal of Florida, Fourth District.

June 19, 2013.

Attorney(s) appearing for the Case

Kirk J. Girrbach , of The Law Office of Kirk Girrbach, P.A., Fort Lauderdale, for appellant.

No brief filed on behalf of appellee.

PER CURIAM.

BankUnited, FSB, filed a foreclosure complaint against Brian Kelly. In response, Kelly filed an answer and affirmative defenses, which were later amended. BankUnited requested summary judgment, and a hearing was held. However, Kelly's attorney was unable to attend the hearing due to a secretarial error, which was evidenced by affidavit. Although Kelly's attorney immediately requested rehearing pursuant to Florida Rule of Civil Procedure 1.530 based upon...

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