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SVI CAPITAL, LLC v. BANK OF AMERICA, N.A.

No. 4D14-2432.

164 So.3d 36 (2015)

SVI CAPITAL, LLC, Appellant, v. BANK OF AMERICA, N.A., Successor By Merger To Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Anthony Turner and Susan Turner, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 27, 2015.

Attorney(s) appearing for the Case

Craig A. Pugatch and Christian Savio of Rice Pugatch Robinson & Schiller, P.A., Fort Lauderdale, for appellant.

Mary J. Walter , J. Randolph Liebler , Tricia J. Duthiers and Joshua R. Levine of Liebler, Gonzalez & Portuondo, Miami, for appellee Bank of America, N.A.

Thomas P. Murphy of T.P. Murphy's Law P.A., Miami, for appellees Anthony Turner and Susan Turner.

SVI Capital, LLC, appeals an order granting Bank of America's motion to set aside foreclosure sale. We reverse and remand for an evidentiary hearing.

SVI Capital argues on appeal that the trial court erred in granting Bank of America's motion without first allowing an evidentiary hearing. We agree. "A purchaser at a foreclosure...

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