ARIA RESERVE 5005 LLC
v.
SOUTH PARK TOWER LLC
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A trial court must conduct an evidentiary hearing on a motion for temporary injunction to afford parties procedural due process through fair notice and a meaningful opportunity to be heard.
[1] A trial court must provide parties with procedural due process, including fair notice and a meaningful opportunity to be heard, before denying a motion for temporary inju…
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Join FLexlaw to unlock all legal intelligence“Procedural due process requires both fair notice and a real opportunity to be heard.”
Court citing Keys Citizens For Responsible Gov't, Inc. v. Florida Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla. 2001)
Aria Reserve 5005 LLC and Aria Reserve 5601 LLC appealed the trial court's order denying their request for a temporary injunction against South Park T…
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Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1106 Lower Tribunal No. 24-4307-CA-01
________________
Aria Reserve 5005 LLC, and Aria Reserve 5601 LLC,
Appellants,
vs.
South Park Tower LLC,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami- Dade County, Robert T. Watson, Judge. Jones & Adams, P.A., W. Steven Adams, and Jorge E. Porro, for appellants. Squire Patton Boggs (US) LLP, Jonathan R. Weiss and Amanda E. Preston, for appellee. Before LOGUE, C.J., and LOBREE and GOODEN, JJ. PER CURIAM. Appellants Aria Reserve 5005, LLC and Aria Reserve 5601, LLC appeal an order denying their request for a temporary injunction. Based on the specific facts of this case, we reverse and remand for an evidentiary hearing on the motion. This will allow the parties an opportunity to fully address the issue raised by the trial court in its order. See Keys Citizens For Responsible Gov’t, Inc. v. Florida Keys Aqueduct Auth., 795 So. 2d 940, 948 (Fla. 2001) (“Procedural due process requires both fair notice and a real opportunity to be heard.”); Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (“The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’”) (internal citations omitted).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mathews v. Eldridge, 424 U.S. 319 (U.S. 1976)
- Keys Citizens for Responsible Gov't, Inc. v. Fla. Keys Aqueduct Auth., 795 So. 2d 940 (Fla. 2001)