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