FELIERIX GARCIA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Chiu v. Wells Fargo Bank, 242 So. 3d 461 (Fla. 3d DCA 2018)
• Nationstar Mortg., LLC v. Ronald and Susan Weiler, 227 So. 3d 181 (Fla. 2d DCA 2017)
  …CA 2015) (citing VMD Fin. Servs., Inc. v. CB Loan Purchase Assocs., LLC, 68 So. 3d 997, 999 (Fla. 4th DCA 2011)). A trial court “provides due process if the complaining party was given notice and an opportunity to be heard.” Casa Inv. Co. v. Nestor, 8 So. 3d 1219, 1220 (Fla. 3d DCA 2009) (quoting Williams v. Miami-Dade County, 969 So. 2d 389, 392 (Fla. 3d DCA 2007)); see also Crescenzo, 199 So. 3d at 355. However, a trial court may violate a party’s “due process rights by hearing and determining matters that…
• Hotel 71 Mezz Lender, LLC v. Tutt, 66 So. 3d 1051 (Fla. 3d DCA 2011)
  …materials as would be admissible in evidence ... on which the movant relies.” Rule 1.510(c) prevents ambush by allowing the nonmoving party to be prepared for issues that will be argued at the summary judgment hearing. See Casa Inv. Co., v. Nestor, 8 So. 3d 1219 (Fla. 3d DCA 2009). Failure to comply with the rule deprives the opposing party “of the ability to both adequately respond and prepare for the summary judgment hearing.” Id. at 1221. The entry of summary judgment in favor of a non-movant is not gen…