McMULLEN v. HSBC BANK USA, NAT. ASS'N

No. 1D14-1737.

149 So.3d 156 (2014)

Paul McMULLEN, Appellant, v. HSBC BANK USA, NATIONAL ASSOCIATION, As Trustee for PHH 2007-2; E.P. Wolf Construction, Inc.; Deborah Lee Thompson Perryman; Estate of Charles H. Thompson, Jr., Deceased, Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors and Trustees of Charles H. Thompson, Jr., Deceased, and All Other Persons Claiming By, Through, Under, and Against the Named Defendant(s); Garfield B. Thompson, Unknown Parties in Possession #1; Unknown Parties in Possession #2: If Living, and all Unknown Parties Claiming By, Through, Under, and Against the Above Named Defendant(s) Who Are Not known To Be Dead or Alive, Whether Said Unknown Parties May Claim An Interest As Spouse, Heirs, Devisees, Grantees or Other Claimants, Appellee.

District Court of Appeal of Florida, First District.

October 14, 2014.


Attorney(s) appearing for the Case

Monique M. Sadarangani of Advocate Law Groups of Florida, P.A., Miami Lakes, for Appellant.

Kimberly N. Hopkins and Ronald M. Gachè of Shapiro, Fishman & Gachè, LLP, Tampa, for Appellee.


PER CURIAM.

Appellant, Paul McMullen, appeals the denial of his motion to vacate a final judgment of foreclosure and argues that because he did not receive notice of the summary judgment hearing,1 the trial court erred in not vacating the foreclosure judgment. We reject Appellant's argument because, as argued by Appellee, HSBC Bank USA, a judicial default was entered in this case. See Matejka v. Dulaney, 40 So.3d...

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