BEACH HIGHER POWER CORP. D/B/A PRINCE MICHAEL HOTEL, APPELLANT,
v.
ERNESTO CAPOCHE, INDIVIDUALLY, AND D/B/A CAPOCHE CABINETS, APPELLEES
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PER CURIAM.
The appellant, Beach Higher Power Corporation, defendant below, seeks to reverse a non-final order granting summary judgment in appellees’ favor. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) and reverse.
Beach Higher Power Corporation was hand-served with Capoche Cabinets’ motion for summary judgment at commencement of trial in the underlying dispute between the parties. Because the plaintiffs did not serve their motion for summary judgment at least twenty 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 Camino Mortgage Corp., 491 So. 2d 322 (Fla. 3d DCA 1986).
Reversed and remanded.
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Citator
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Design Neuroscience Ctrs., P.L. v. Preston J. Fields, P.A. (Fla. 3d DCA 2023)…r to grant a summary judgment pursuant to a motion which has not been served within the 20–day notice required by rule 1.510(c).” E & I, Inc. v. Excavators, Inc., 697 So. 2d 545, 546 (Fla. 4th DCA 1997); see also Beach Higher Power Corp. v. Capoche, 763 So. 2d 551 (Fla. 3d DCA 2000). Here, Fields’ summary judgment motion did not address DNC’s affirmative defenses or counterclaim, and therefore did not provide notice that those matters would be argued at the summary judgment hearing set for two days after Fiel…
Authorities Cited
- Gold v. EL Camino Mortg. Corp., 491 So. 2d 322 (Fla. 3d DCA 1986)