ROSE v. PARTNERS FEDERAL CREDIT UNION (2021)

District Court of Appeal of Florida, Fifth District.

Austin Frederick ROSE, Appellant, v. PARTNERS FEDERAL CREDIT UNION and Eagleridge Homeowners Association, Inc., Appellees.

Case No. 5D19-3334

Decided: March 05, 2021

Austin Frederick Rose, Clermont, pro se. Andrew Arias, of Marinosci Law Group, P.C., Ft. Lauderdale, for Appellee, Partners Federal Credit Union. No Appearance for Appellee, Eagleridge Homeowners Association, Inc.

Austin Frederick Rose (Borrower) appeals the Final Judgment of Foreclosure entered in favor of Partners Federal Credit Union (Lender) and Eagleridge Homeowners Association, Inc. Borrower contends that the Final Judgment should be reversed because Lender failed to satisfy conditions precedent and Borrower did not receive notice of the non-jury trial. We affirm the entry of the Final Judgment without further discussion. However, our affirmance does not preclude Borrower from seeking relief for the alleged lack of notice and due process related to the Notice of Final Hearing, pursuant to Florida Rule of Civil Procedure 1.540(b)(4), if Borrower is able to do so in a way that would entitle him to an evidentiary hearing. See Read v. Deutsche Bank Tr. Co. Am. as Tr. for Residential Accredit Loans, Inc., 289 So. 3d 541, 542 (Fla. 2d DCA 2020).

AFFIRMED.

WALLIS, J.

SASSO and NARDELLA, JJ., concur.

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