Epic Metals Corporation v. Samari Lake East Condominium Association - Third District Court of Appeal of Florida

Epic Metals Corporation v. Samari Lake East Condominium Association

By Third District Court of Appeal of Florida

  • Release Date - Published: 1989-06-20
  • Book Genre: Law
  • Author: Third District Court of Appeal of Florida
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Epic Metals Corporation v. Samari Lake East Condominium Association Third District Court of Appeal of Florida read online review & book description:

Per Curiam. We affirm the main judgment, finding Epic Metals Corporation's claims of error non-meritorious. As to the cross-appeal of Samari Lake East Condominium Association, Inc. claiming that setoffs were improperly granted, we agree. The trial court improperly entered an order which summarily determined Epic's entitlement to a setoff. Neither a motion nor notice of hearing to determine entitlement to the setoff was made. A trial court violates a litigant's due process rights when it expands the scope of a hearing to address and determine matters not noticed for hearing. Margulies v. Margulies, 528 So.2d 957, 959 (Fla. 3d DCA 1988).

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