IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
JANUARY TERM 2011
GIANTHONY HOMES, INC. and
AVONDALE DIVERSIFIED, INC,
v. Case No. 5D10-715
U.S. BANK NATIONAL
ASSOCIATION, etc., et al.,
Opinion filed January 28, 2011
Based on these findings, it is clear that appellants’ procedural due process rights
were violated. Shlishey the Best, Inc. v. CitiFinancial Equity Servs., Inc., 14 So. 3d
1271 (Fla. 2d DCA 2009) (purchasers’ right to procedural due process violated where
trial court entered order that vacated foreclosure sale and certificate of title when
purchaser had neither notice nor opportunity to be heard). Appellants were entitled to
receive a copy of U.S. Bank’s motion and an opportunity to be heard thereon. Dep’t. of
Transp. v. Baird, 992 So. 2d 378, 381 (Fla. 5th DCA 2008).
REVERSED and REMANDED.
LAWSON and JACOBUS, JJ., concur.
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