MARCEL KIMELMAN AND ARON KALISZ, APPELLANTS,
v.
ALFRED ELLENBOGEN AND EVELYN S. ELLENBOGEN, APPELLEES
MARCEL KIMELMAN AND ARON KALISZ, APPELLANTS,
ALFRED ELLENBOGEN AND EVELYN S. ELLENBOGEN, APPELLEES
559 So. 2d 384
Florida District Court of Appeal, Third District (1990)
Opinion of the Court
PER CURIAM.
The summary judgment under review is set aside and the cause remanded for the trial court to conduct an evidentiary hearing and to make a finding as to whether the motion and notice of hearing was actually timely received by counsel for the ap pellants. See Hammett v. Hammett, 510 So. 2d 632 (Fla.3d DCA 1987); Moses v. Bystrom, 489 So. 2d 834 (Fla.3d DCA 1986). If timely notice was received, the judgment shall be reinstated. If there is a determination to the contrary, the judgment shall remain vacated. Moses v. Bystrom, 489 So. 2d at 836.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987)
- Moses v. Bystrom, 489 So. 2d 834 (Fla. 3d DCA 1986)