BANK OF AMERICA, N.A. v. FOGEL

No. 4D14-4518.

192 So.3d 573 (2016)

BANK OF AMERICA, N.A., Appellant, v. Michael N. FOGEL and Rita Fogel, Appellees.

District Court of Appeal of Florida, Fourth District.

May 18, 2016.


Attorney(s) appearing for the Case

Morgan L. Weinstein of Van Ness Law Firm, P.A., Deerfield Beach, for appellant.

James A. Burnham and E. Cole FitzGerald, III , of FitzGerald, Mayans & Cook, P.A., West Palm Beach, for appellees.


Everything in life is timing. This is a simple case of due process. The bank appeals an order that vacated its foreclosure judgment. It argues that it was denied reasonable notice and an opportunity to be heard. We agree and reverse.

After the trial court entered a final judgment of foreclosure in favor of the bank, the borrowers...

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