McAllister v. Breakers Seville Association, Inc.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 STEVEN MCALLISTER, Appellant, v. BREAKERS SEVILLE ASSOCIATION, INC., Appellee. CASE NO. 4D04-1032 Opinion filed January 26, 2005 Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. Case No. 98-12376 (13). Robert Rivas, Spencer M. Sax and Ronna Friedman Young, of Sachs, Sax & Klein, Boca Raton, for appellant. Mark S. Mucci of Benson, Mucci & Associates, LLP., Fort Lauderdale, for appellee. FARMER, C.J. Reversed. The entry of a final judgment was error because no notice of trial was properly given. A notice of hearing merely stating that an evidentiary hearing will be held is , without more, insufficient to give proper notice to a party that a full trial on the merits of all issues in the case will be held at the specified time. We also reject the argument that the record demonstrates with adequate clarity a waiver of the notice issue by acquiescence in the trial court s insistence that counsel present her case. SHAHOOD and TAYLOR, JJ., concur. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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