IRYNA HRACHOVA
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS
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A trial court violates a party's procedural due process rights by sua sponte dismissing a complaint with prejudice based on an unpled affirmative defense without providing notice or an opportunity to be heard.
[1] A trial court violates a party's procedural due process rights by sua sponte dismissing a complaint with prejudice based on an unpled affirmative defense without providin…
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Join FLexlaw to unlock all legal intelligence“Because the court violated Appellant's procedural due process rights in sua sponte dismissing the complaint without notice or an opportunity to be heard based on an unpled affirmative defense, this matter is reversed and remanded for further proceedings.”
Court's explanation for reversal
Appellant sued Deutsche Bank for declaratory relief and quiet title regarding real property in July 2024. After obtaining a clerk's default and moving…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-2337 LT Case No. 42-2024-CA-1321
IRYNA HRACHOVA, Appellant,
v.
DEUTSCHE BANK TRUST
COMPANY AMERICAS, Appellee.
On appeal from the Circuit Court for Marion County. Lisa Diane Herndon, Judge.
Iryna Hrachova, Silver Springs, pro se.
No Appearance for Appellee.
September 25, 2026
KILBANE, J.
Iryna Hrachova (“Appellant") appeals an order sua sponte dismissing her complaint with prejudice. Because this dismissal occurred without notice or an opportunity to be heard, we reverse.1
1. This opinion does not address the merits of Appellant's
claims and affirms the remaining issue without further comment.
In July 2024, Appellant sued Deutsche Bank Trust Company Americas (“Deutsche Bank”) for declaratory relief and quiet title as to certain real property. After she obtained a clerk's default, Appellant moved for a final default judgment. Instead, the trial court sua sponte dismissed the complaint with prejudice based on its finding that the property was subject to a final judgment of foreclosure that this Court affirmed. See Hrachova v. Deutsche Bank, 300 So. 3d 658 (Fla. 5th DCA 2020). Thus, it held her claims were barred by res judicata. Because the court violated Appellant's procedural due process rights in sua sponte dismissing the complaint without notice or an opportunity to be heard based on an unpled affirmative defense, this matter is reversed and remanded for further proceedings. See Loancare, LLC v. Chestnut, 326 So. 3d 1220, 1220–21 (Fla. 5th DCA 2021).
REVERSED in part; AFFIRMED in part; and REMANDED for further proceedings.
WALLIS and BOATWRIGHT, JJ., concur.