Opinion
No. 1D20-270
12-28-2020
HMC ASSETS, LLC, solely in its capacity as separate trustee of Cam X Trust, Appellant, v. Roland GRAYBILL, Jr., Appellee.
Ashland R. Medley, Ashland Medley Law, PLLC, Coral Springs, for Appellant. James Heath, Heath Law Firm, P.A., Destin, for Appellee.
Ashland R. Medley, Ashland Medley Law, PLLC, Coral Springs, for Appellant.
James Heath, Heath Law Firm, P.A., Destin, for Appellee.
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.