April 22, 2015 Florida Commercial Litigation: Foreclosure Sale–what is an “evidentiary hearing”?

Are you involved in a commercial lawsuit in Palm Beach?    Or, have you ever dealt with a partnership lawsuit in Miami due to a contract dispute? In either case, you may have had an evidentiary hearing. If so, you may want to read this April 22, 2015 Florida commercial litigation case from Florida’s 4th District Court of Appeal dealing with evidentiary hearings.

What is an evidentiary hearing?

• An evidentiary hearing in Fort Lauderdale is a judicial proceeding in a criminal or civil case.
• In a Broward County criminal case, an evidentiary hearing allows the judge to decide if there is enough evidence to go to trial.
• In an evidentiary hearing for a civil case, the judge in Boca Raton listens to evidence, such as witness and expert testimony, to make a decision.

What does Florida law say about evidentiary hearings in commercial litigations?

• SVI Capital v. Bank of America, a recent case in the 4th District Court of Appeal, involved a foreclosure sale.
• Bank of America wanted to set aside the foreclosure sale. The court granted the bank’s motion without having an evidentiary hearing.
• The appeal court reversed because the Palm Beach Gardens court was wrong to set aside the foreclosure sale without having an evidentiary hearing first.
• Under Florida Law, a purchaser at a foreclosure sale must receive
  1) notice, and
  2) must be given an opportunity to be heard in an evidentiary hearing.
• In this case, there was no evidentiary hearing on the motion to vacate the sale.
• In Tampa, it is not enough to submit an affidavit in place of an  evidentiary hearing.

To read a free online copy of this case opinion and learn more about evidentiary hearings in a commercial litigation, click here:

http://www.4dca.org/opinions/April%202015/04-22-15/4D14-2432.op.pdf.