HMC Assets, LLC, Solely in Its Capacity as Separate Trustee of Cam X Trust v. Roland Graybill, Jr.
CourtDistrict Court of Appeal of Florida
Date FiledDecember 28, 2020
Docket1D20-0270
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-270
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HMC ASSETS, LLC, solely in its
capacity as separate trustee of
Cam X Trust,
Appellant,
v.
ROLAND GRAYBILL, JR.,
Appellee.
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On appeal from the Circuit Court for Calhoun County.
Kevin Grover, Judge.
December 28, 2020
PER CURIAM.
HMC Assets, LLC, appeals an order vacating the default final
judgment entered in its favor against Appellee Graybill. We
conclude the trial court erred in granting Graybill’s motion to set
aside the default judgment without providing HMC Assets, LLC,
any opportunity to be heard in response to the motion. See Bayview
Loan Serv., LLC v. Dzidzovic, 249 So. 3d 1265, 1267–68 (Fla. 2d
DCA 2018) (reversing where opposing party was not afforded an
opportunity to be heard in response to a motion to vacate the final
judgment and reiterating the principle that “‘[d]ue process
mandates that in any judicial proceeding, the litigants must be
afforded the basic elements of notice and opportunity to be heard’”
(quoting E.I. DuPont De Nemours & Co. v. Lambert, 654 So. 2d
226, 228 (Fla. 2d DCA 1995))). We reverse the trial court’s order
and remand for further proceedings.
REVERSED and REMANDED.
ROWE, WINOKUR, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Ashland R. Medley, Ashland Medley Law, PLLC, Coral Springs,
for Appellant.
James Heath, Heath Law Firm, P.A., Destin, for Appellee.
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