Tidewater Loft Condominium Association v. Judith L. Moskal-Kanz

Summary

The court vacated the judgment of foreclosure and sale and the judgment against Moskal-Kanz on her Fair Housing Act and Americans with Disabilities Act counterclaim because the trial court prevented her from presenting evidence or witnesses on that live claim before ruling against her. Because the record did not establish that the foreclosure was factually and legally independent from the unresolved counterclaim, the court also vacated the foreclosure judgment and remanded for further proceedings. The trial court must first provide Moskal-Kanz a meaningful opportunity to present evidence on her counterclaim before determining the parties’ entitlement to relief.