HMC ASSETS LLC v. GRAYBILL (2020)

District Court of Appeal of Florida, First District.

HMC ASSETS, LLC, solely in its capacity as separate trustee of Cam X Trust, Appellant, v. Roland GRAYBILL, Jr., Appellee.

No. 1D20-270

Decided: December 28, 2020

Ashland R. Medley, Ashland Medley Law, PLLC, Coral Springs, for Appellant. James Heath, Heath Law Firm, P.A., Destin, for Appellee.

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.

Per Curiam.

Rowe, Winokur, and Nordby, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network