VIOLA v. U.S. BANK NAT. ASS'N

No. 4D11-2719.

133 So.3d 1018 (2014)

John VIOLA, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, et al., Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 2014.


Attorney(s) appearing for the Case

Enrique Nieves III of King, Nieves & Zacks, PLLC, West Palm Beach, for appellant.

Morgan L. Weinstein of Van Ness Law Firm, PLC, Deerfield Beach, for appellee.


MAY, J.

This case is about time and compliance with the Florida Rules of Civil Procedure. A homeowner appeals a final summary judgment of foreclosure. He raises numerous issues, among which is that the trial court erred in entering a final summary judgment when the evidence relied on by the bank was served fewer than twenty days before the hearing. We agree and reverse.

In 2008, the bank filed a two-count complaint, seeking to (1) re-establish a lost note...

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