In Charlotte County, Florida, the Sixth District Court of Appeal overturned a foreclosure judgment against Robert Dwayne Harris on Oct. 23, 2026, after the homeowner discovered he had been denied trial notice.
Harris had filed pleadings following the complaint's service, but the trial proceeded without notifying him until after the proceedings had ended, depriving him of any chance to present his defenses.
Nationstar Mortgage acknowledged the notice failure and agreed to send the case back for a new trial, a concession that the appellate judges accepted to focus on the procedural defect without delving into the merits of the foreclosure.
The court emphasized that a judgment entered without notice or an opportunity to be heard is void, underscoring a core due‑process principle in Florida law.
Harris, a former teacher who has lived in the house for 12 years, now has a chance to contest the sale in the lower court, though the outcome of his substantive defenses remains undecided.
The Sixth District Court of Appeal scheduled a new trial in the lower court, which must now ensure proper notice; the next hearing date is pending.