ARIA RESERVE 5005 LLC 5601 LLC v. SOUTH PARK TOWER LLC (2024)

District Court of Appeal of Florida, Third District.

ARIA RESERVE 5005 LLC, and Aria Reserve 5601 LLC, Appellants, v. SOUTH PARK TOWER LLC, Appellee.

No. 3D24-1106

Decided: December 18, 2024

Before LOGUE, C.J., and LOBREE and GOODEN, JJ.

Jones & Adams, P.A., W. Steven Adams, and Jorge E. Porro, for appellants. Squire Patton Boggs (US) LLP, Jonathan R. Weiss and Amanda E. Preston, for appellee.

Appellants Aria Reserve 5005, LLC and Aria Reserve 5601, LLC appeal an order denying their request for a temporary injunction. Based on the specific facts of this case, we reverse and remand for an evidentiary hearing on the motion. This will allow the parties an opportunity to fully address the issue raised by the trial court in its order. See Keys Citizens For Responsible Gov't, Inc. v. Florida Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla. 2001) (“Procedural due process requires both fair notice and a real opportunity to be heard.”); Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (“The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’ ”) (internal citations omitted).

Reversed and remanded.

PER CURIAM.

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