FRANCES GOLD AND IRVING GOLD, APPELLANTS,
v.
EL CAMINO MORTGAGE CORPORATION, APPELLEE
FRANCES GOLD AND IRVING GOLD, APPELLANTS,
EL CAMINO MORTGAGE CORPORATION, APPELLEE
491 So. 2d 322
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Finding that appellee failed to serve appellants with a motion for summary judgment in advance of the trial court’s consideration of the motion at trial, as required by Florida Rule of Civil Procedure 1.510(c), we reverse the Final Judgment of Foreclosure and Sale entered after the court granted appellee’s motion for summary judgment. Lazar v. Allen, 347 So. 2d 457 (Fla. 2d DCA 1977); see Cleveland Trust Co. v. Foster, 93 So. 2d 112 (Fla.1957); Parker v. Lower Florida Keys Hospital District, 432 So. 2d 169 (Fla. 3d DCA 1983).
Reversed and remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gildred v. Alverde, 500 So. 2d 307 (Fla. 3d DCA 1986)…or of the plaintiff as to both claims, plus awarded attorney’s fees under the note claim. Procedurally we would reverse as to both claims because no notice or motion was made in regard to the summary judgment. Gold v. El Camino Mortgage Corporation, 491 So. 2d 322 (Fla. 3d DCA 1986); Fruhmorgen v. Watson, 490 So. 2d 1032 (Fla. 2d DCA 1986); Lazar v. Allen, 347 So. 2d 457 (Fla. 2d DCA 1977); Rule 1.510 Florida Rules of Civil Procedure. [*308] We would also reverse on the merits as to the claims under the promi…
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Beach Higher Power Corp. v. Capoche, 763 So. 2d 551 (Fla. 3d DCA 2000)…nty days prior to the hearing on the motion as expressly required by Florida Rule of Civil Procedure 1.510(c), it was error for the lower court to grant summary judgment at that time in plaintiffs’ favor. See Gold v. El [*552] Camino Mortgage Corp., 491 So. 2d 322 (Fla. 3d DCA 1986). Reversed and remanded.…
Authorities Cited
- The Cleveland Tr. Co. v. Athene S. Foster and Jack Wentz, 93 So. 2d 112 (Fla. 1957)
- Lazar v. Allen, 347 So. 2d 457 (Fla. 2d DCA 1977)
- Parker v. The Lower Fla. Keys Hosp. Dist., 432 So. 2d 169 (Fla. 3d DCA 1983)