Rodriguez v. ALS Commercial Funding, LLC

Third District Court of Appeal
State of Florida
Opinion filed April 16, 2014.
Not final until disposition of timely filed motion for rehearing.
No. 3D13-772
Lower Tribunal No. 12-22565
Janet Rodriguez and Francisca Rodriguez,
ALS Commercial Funding, LLC,
An Appeal from the Circuit Court for Miami-Dade County, Victoria S.
Sigler and Ronald C. Dresnick, Judges.
Janet Rodriguez and Francisca Rodriguez, in proper persons.
Amster Law Firm, P.A., and Gabriel Itskovich (Dania Beach), for appellee.
(collectively, “the Rodriguezes”), appeal a final judgment of foreclosure on the
basis that they did not receive notice of the final hearing. We reverse and remand
for further proceedings.
ALS Commercial Funding, LLC (“ALS”), filed a commercial foreclosure
action against the Rodriguezes.
During the pendency of the action, the
Rodriguezes filed a notice of change of address, requesting that all correspondence
be sent to their new address. Thereafter, ALS filed a notice of hearing notifying
the Rodriguezes that ALS’s motion for summary final judgment of foreclosure
would be heard on February 19, 2013. The mailing list attached to the notice of
hearing indicates that the notice was mailed to both Janet and Francisca at their
former address. The Rodriguezes did not attend the hearing and, following the
hearing, the trial court entered a final judgment of foreclosure in favor of ALS and
against the Rodriguezes.
As the record before this Court indicates that the notice of hearing was
mailed to the Rodriguezes’ former address, we must reverse the final judgment of
foreclosure and remand for further proceedings. See Greisel v. Gregg, 733 So. 2d
1119, 1121 (Fla. 5th DCA 1999) (“A final judgment is void where the notice of
hearing that resulted in the judgment was sent to an incorrect address and, as a
result, the defendant failed to receive notice.”); Watson v. Watson, 583 So. 2d 410,
411 (Fla. 4th DCA 1991) (“It is well settled that a judgment entered without notice
to a party is void.”); Shields v. Flinn, 528 So. 2d 967, 968 (Fla. 3d DCA 1988) (“A
judgment entered without notice to a party is void.”); see also Jade Winds Ass’n v.
Citibank, N.A., 63 So. 3d 819, 822 (Fla. 3d DCA 2011) (“A basic element of
procedural due process is notice and an opportunity to be heard.”). On remand, the
Rodriguezes are permitted to address with the trial court any issues relating to the
Reversed and remanded.