EILEEN JARRETT, APPELLANT,
v.
PUBLIX SUPERMARKETS, INC., APPELLEE
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The trial court did not err in refusing to consider affidavits filed on the day of the hearing, as they were untimely.
Plaintiff offered two affidavits in opposition to a motion for summary judgment on the day of the hearing. The trial court did not consider these affi…
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PER CURIAM.
The summary judgment in favor of the supermarket in this slip and fall case is affirmed. See Winn-Dixie Stores, Inc. v. Marcotte, 553 So. 2d 213 (Fla. 5th DCA 1989).
The trial court did not err in not considering two affidavits offered, on the day of the hearing, by the plaintiff in opposition to the motion for summary judgment. Florida Rule of Civil Procedure 1.510(c) provides:
The adverse party may serve opposing affidavits prior to the day of hearing.
The trial judge followed the law and should not be reversed for doing so.1 See Silva v. Hernandez, 595 So. 2d 230 (Fla. 3d DCA 1992), juris, accepted, 604 So. 2d 487 (Fla.1992); Hartford Accident & Indemnity Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988), dis’m. granted, 529 So. 2d 694 (Fla.1988); Zamora v. Blue Coast Corp., 348 So. 2d 1165 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1222 (Fla.1978); Auerback v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973), cert. denied, 297 So. 2d 31 (Fla.1974); Henry Stiles, Inc. v. Evans, 206 So. 2d 65 (Fla. 4th DCA 1968); and Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962).
AFFIRMED.
DAUKSCH, COWART and HARRIS, JJ., concur. . Nor can the adverse party breathe life into a belated opposing affidavit by filing a motion for rehearing the summary judgment and insisting the trial court consider the later affidavit at that hearing. See Coffman Realty Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980), approved, 413 So. 2d 1 (Fla.1982); Lennertz v. Dorsey, 421 So. 2d 820 (Fla. 4th DCA 1982). See also, James A. Cummings, Inc. v. Larson, 588 So. 2d 1066 (Fla. 4th DCA 1991).
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Pangilinan v. Broward Cnty., 914 So. 2d 1094 (Fla. 4th DCA 2005)…arty submits untimely counter-evidence on rehearing without even attempting to explain the reason for its tardiness, the trial court acts well within its discretion in refusing to consider that counter-evidence); Jarrett v. Publix Supermarkets Inc., 609 So. 2d 154, n. 1 (Fla. 5th DCA 1992) (holding that one cannot breathe life into a belated opposing affidavit by filing a motion for rehearing and insisting that the trial court consider the later affidavit at that hearing). Moreover, the plaintiff did not pres…
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Binford v. City OF Winter Springs, 969 So. 2d 1098 (Fla. 5th DCA 2007)…s well established that an affidavit in opposition to summary judgment which is filed on the day of the summary judgment hearing is untimely and the trial court has discretion to disregard it. See, e.g., Jarrett v. Publix [*1100] Supermarkets, Inc., 609 So. 2d 154 (Fla. 5th DCA 1992); Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980). If Binford’s affidavit had contained factual allegations in opposition to summary judgment, we would conclude that the trial court did…
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Dep't OF Revenue v. B & L Concepts, Inc., 612 So. 2d 720 (Fla. 5th DCA 1993)…ing fees. We also hold that the trial court’s exercise of discretion in declining to consider depositions in opposition to the summary final judgment untimely filed on the date of the hearing was not error. See Jarrett v. Publix Supermarkets, Inc., 609 So. 2d 154 (Fla. 5th DCA 1992). AFFIRMED in part; REVERSED in part. COWART and HARRIS, JJ., and JOHNSTON, L.V., Associate Judge, concur. . Section 212.02(16)(a), Florida Statutes, defines "sale” as including a lease or rental. . There is nothing illegal or…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (16 total)
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
- McArthur Breedlove v. State, 413 So. 2d 1 (Fla. 1982)
- Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980)
- Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962)
- Winn-Dixie Stores, Inc. v. Marcotte, 553 So. 2d 213 (Fla. 5th DCA 1989)
- Henry Stiles, Inc. v. Evans, 206 So. 2d 65 (Fla. 4th DCA 1968)
- Lily Auerbach & Consol. Am. Ins. Co. v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973)
- Lennertz v. Dorsey, 421 So. 2d 820 (Fla. 4th DCA 1982)
- Hartford Accident & Indem. Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988)
- James A. Cummings Inc. v. Larson, 588 So. 2d 1066 (Fla. 4th DCA 1991)