Archive for March 14th, 2012

Victory! Second District Rules Judge Should Have Held Hearing!

I blogged previously about how a Florida court denied my Motion to Quash Service in a foreclosure case, ex parte and without hearing.  I was confident the ruling was wrong, so I appealed, and I posted my Initial Brief in that appeal, here.

Today, Florida’s Second District Court of Appeal issued this written opinion, agreeing with my argument that the lower court should have conducted a hearing on my Motion to Quash Service (and should not have denied it summarily, without a hearing).

I’m thrilled at this outcome, and not just for this case.  I’ve been fighting to get fair hearings in foreclosure cases for a long time now (especially in those counties where it is routine to enter Orders without a hearing), so it’s wonderful to have an appellate court say that a hearing should have been granted on my motion before that motion was denied.

Mark Stopa

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