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Liens — Assessment lien — Foreclosure — Trial court abused its discretion when it denied motion seeking rehearing

Oct 18th, 2020 in News by admin

Liens — Assessment lien — Foreclosure — Trial court abused its discretion when it denied motion seeking rehearing and setting aside order of dismissal entered when homeowners association failed to appear at status conference where affidavits of association’s counsel and legal assistants attesting to lack of notice of conference were unrebutted — Further, notice that indicated only that status conference would be held was insufficient notice of hearing at which trial court reviewed evidence — Fact that defendants were representing themselves did not relieve them from requirement to comply with rules of civil procedure regarding motion practice, rather than seeking dismissal through ex parte letters to court — Trial court went beyond four corners of complaint when it dismissed complaint based on evidence of alleged payments by defendants