ANDREW GREENE, APPELLANT/CROSS-APPELLEE,
v.
MARK SEIGLE, RONALD WRIGHT, JACQUELINE SUE TUROFF, B.J. BOND, LISA STRACHAN, DAVID STEELE, AND ON-TARGET SOLUTIONS, INC., A FLORIDA CORPORATION, APPELLEES/CROSS-APPELLANTS
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.510(C) cases and more on FLexlaw
PER CURIAM.
Plaintiff Andrew Greene appeals final summary judgments entered in favor of all defendants. Defendants Mark Seigle and Ronald Wright cross-appeal the trial court’s denial of their motions to dismiss. We affirm in all respects, except to reverse the summary judgment entered in favor of Wright.
Eight days after Wright filed his motion for summary judgment, the trial court granted it without a hearing or notice to Plaintiff. This violated Florida Rule of Civil Procedure 1.510(c) and Plaintiffs due process rights and thus requires a reversal. See Mondestin v. Duval Fed. Sav. & Loan Ass’n, 500 So. 2d 580 (Fla. 4th DCA 1986)(holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard). Accordingly, final summary judgment in favor of Wright is reversed and this case remanded for fur ther proceedings against him. In all other respects, we affirm.
AFFIRMED in part, REVERSED in part, and REMANDED.
GUNTHER, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
THE Florida BAR v. Rapoport, 845 So. 2d 874 (Fla. 2003)…the referee, assigned by this Court to preside over a disciplinary proceeding such as this, to grant or deny a motion for continuance. Such a ruling will not be disturbed by this Court absent a clear abuse of discretion.”). . See Greene v. Seigle, 745 So. 2d 411 (Fla. 4th DCA 1999) (holding that plaintiff's due process rights were violated when the trial court granted a summary judgment motion eight days after it was filed without providing the plaintiff with a sufficient opportunity to be heard); Mondestin…
-
Chiu v. Wells Fargo Bank, 242 So. 3d 461 (Fla. 3d DCA 2018)…ty must serve a copy on the movant pursuant to rule 1.080 at least 5 days prior to the day of the hearing, or by delivery to the movant's attorney no later than 5:00 p.m. 2 business days prior to the day of hearing. (emphasis added). ---PAGE 5--- 745 So. 2d 411, 411 (Fla. 4th DCA 1999); Travelers Ins. Co. v. Fla. Med. Ctr., Inc., 621 So. 2d 581, 581 (Fla. 4th DCA 1993); Kozich, 609 So. 2d at 148. Wells Fargo asserts that Chiu failed to preserve his objection to the trial court’s procedure because he did…
-
Merlande Richard and Elie Richard v. Bank of Am., 258 So. 3d 485 (Fla. 4th DCA 2018)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mondestin v. Duval Fed. Sav. & Loan Ass'n, 500 So. 2d 580 (Fla. 4th DCA 1986)