STATE FARM FIRE AND CASUALTY COMPANY, PETITIONER,
v.
DIANA LEZCANO AND RICARDO DIAZ, RESPONDENTS
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State Farm sought certiorari review of summary judgments entered against it in two insurance dispute cases. The court granted the petition as to Lezcano because the county court violated due process by granting her summary judgment motion without conducting a required hearing, but denied the petition as to Diaz.
A trial court's failure to conduct a hearing prior to ruling on a motion for summary judgment violates Florida Rule of Civil Procedure 1.510(c) and constitutes a denial of due process by depriving the complaining party of notice and an opportunity to be heard. Such a due process violation represents a violation of a clearly established principle of law warranting certiorari relief.
[1] A lower tribunal provides due process if the complaining party was given notice and an opportunity to be heard.
[2] A trial court's failure to conduct a hearing prior to ruling on a motion for summary judgment constitutes a denial of the due process guarantee of notice and an opportuni…
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Join FLexlaw to unlock all legal intelligence“The rule does not provide the trial court with discretion to decide whether 'a hearing is required.'”
Establishes that Florida Rule of Civil Procedure 1.510(c) mandates a hearing on summary judgment motions with no judicial discretion to waive this requirement.
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Join FLexlaw to unlock all legal intelligenceState Farm insured Lezcano and Diaz under the same auto insurance policy. Following a 2005 accident, both claimants received medical treatment at Figu…
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State Farm Fire and Casualty Company (“State Farm”) seeks certiorari review of the circuit court appellate division’s per curiam affirmance of two final summary judgments entered by the county court in favor of the respondents Diana Lezcano (“Lezcano”) and Ricardo Diaz (“Diaz”). Because we conclude that State Farm was deprived of due process with respect to the entry of the Lezcano summary judgment, we grant the petition and quash the circuit court’s order as to that case only. We deny the petition as to Diaz without further comment.
I. FACTUAL AND PROCEDURAL HISTORY
State Farm insured Lezcano and Diaz under the same auto insurance policy. As a result of a 2005 accident, Lezcano and Diaz received medical treatment at Figueroa Medical Center (“FMC”). State Farm admits that it received written notice of the loss and received all bills from October 13, 2005, through December 29, 2005.
On February 8, 2006, Lezcano and Diaz filed separate suits against State Farm, alleging that it breached the policy by failing to pay for the medical treatment each received at FMC. State Farm filed amended answers and affirmative defenses alleging that it paid the appropriate amounts under the policy, that the remainder claimed was not reasonable, that the medical services were not reasonable, related, or necessary, and that Lezcano’s and Diaz’s demand letters were invalid because they failed the include an assignment of benefits or revocation of those benefits.
Subsequently, Lezcano and Diaz each filed motions for summary judgments as to liability, reasonableness, relatedness and medical necessity. The county court conducted two hearings on Diaz’s motion for summary judgment: the first on December 5, 2006, and the second on January 16, 2007. At the January 16th hearing, counsel for State Farm advised the trial court that the court was scheduled to conduct an identical hearing in the Lezcano case the next day, January 17, 2007. Counsel for Lezcano, however, responded that that hearing had been continued. As a result, both parties agree that the county court never conducted a hearing on Lezcano’s motion for summary judgment.
On May 17, 2007, the county court entered an order granting Diaz’s motion for summary judgment and also entered final judgment in favor of Diaz. A week later, the trial court entered an order granting Lezcano’s motion for summary judgment and also entered final judgment in favor of Lezcano. Subsequently, State Farm appealed the final judgments to the circuit court’s appellate division, and argued, among other things, that the county court deprived State Farm of due process when it entered the final judgment as to Lezcano without conducting the required hearing. The circuit court per curiam affirmed the final judgments, which were consolidated for appellate purposes. This petition followed.
II. ANALYSIS
As this Court explained in Williams v. Miami-Dade County, 969 So.2d 389, 392 (Fla. 3d DCA 2007), “[review on second-level certiorari is extremely limited, as we are confined to determining whether the lower court provided due process and followed the correct law.” See also Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003). A lower tribunal provides due process if the complaining party was given notice and an opportunity to be heard. Id. Moreover, a circuit court’s failure to follow the correct law must be “something more than a simple *634legal error.” Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000). Unless a ruling constitutes a violation of a principle of law which results in a miscarriage of justice, we must deny certiorari. Williams, 969 So.2d at 392.
Here, the county court granted Lezcano’s motion for summary judgment without conducting a hearing on the motion. Florida Rule of Civil Procedure 1.510(c) contemplates a hearing on a summary judgment motion.1 “The rule does not provide the trial court with discretion to decide whether ‘a hearing is required.’ ” Kozich v. Hartford Ins. Co. of Midwest, 609 So.2d 147, 148 (Fla. 4th DCA 1992). A trial court’s failure to conduct a hearing prior to ruling on the motion for summary judgment constitutes a denial of the due process guarantee of notice and an opportunity to be heard. Id. (“An order granting summary judgment on liability determines a party’s right to the relief requested and to deny either party a hearing must be construed as a denial of due process.”); accord Greene v. Seigle, 745 So.2d 411 (Fla. 4th DCA 1999) (where trial court granted defendant’s motion for summary judgment without a hearing or notice to plaintiff it violated Rule 1.510(c) and plaintiffs due process rights requiring reversal). A denial of the guarantee of due process represents a violation of a clearly established principle of law such that certiorari relief is warranted. See Casa Inv. Co. v. Nestor, 8 So.3d 1219 (Fla. 3d DCA 2009) (granting certiorari relief and quashing circuit court appellate division’s affir-mance of trial court’s granting of ore ten-us motion for summary judgment which was neither written or properly noticed).
Because State Farm was deprived of a hearing as required under Rule 1.510(c), we conclude that the circuit court appellate division departed from the essential requirements of the law and deprived State Farm of due process. Accordingly, as to Lezcano, we grant the petition for writ of certiorari, quash the circuit court’s decision with directions to reverse the summary judgment entered in her favor, and to remand to the county court for further proceedings.2
Petition granted in part, denied in part.
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Chiu v. Wells Fargo Bank, 242 So. 3d 461 (Fla. 3d DCA 2018)…Civil Procedure 1.510(c).1 This Court has held that “Florida 1 Rule 1.510(c) states, in pertinent part: ---PAGE 4--- Rule of Civil Procedure 1.510(c) contemplates a hearing on a summary judgment motion.” State Farm Fire & Cas. Co. v. Lezcano, 22 So. 3d 632, 634 (Fla. 3d DCA 2009). Indeed, a trial court does not have discretion to decide whether to conduct a hearing on a motion for summary judgment. Kozich v. Hartford Ins. Co. of Midwest, 609 So. 2d 147, 148 (Fla. 4th DCA 1992) (“[Rule 1.510(c)] d…
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Merlande Richard and Elie Richard v. Bank of Am., 258 So. 3d 485 (Fla. 4th DCA 2018)
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WG Evergreen Woods SH, LLC v. Julie A. Fares in the Estate of Donald L. Devore, 207 So. 3d 993 (Fla. 5th DCA 2016)…), rule 1.510(c) uses the date of the “hearing” as a reference for when certain documents must be filed or served. “Florida Rule of Civil Procedure 1.510(c) contemplates a hearing on a summary judgment motion.” State Farm Fire & Cas. Co. v. Lezcano, 22 So. 3d 632, 634 (Fla. 3d DCA 2009). “[R]ule [1.510(c) ] does not provide the trial court with discretion to decide whether a hearing is required.” Kozich v. Hartford Ins. Co. of Midwest, 609 So. 2d 147, 148 (Fla. 4th DCA 1992) (internal quotation' marks omitte…
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
- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Farren Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000)
- Kozich v. Hartford Ins. Co. OF Midwest, 609 So. 2d 147 (Fla. 4th DCA 1992)
- Williams v. Miami-Dade Cnty., 969 So. 2d 389 (Fla. 3d DCA 2007)
- Greene v. Seigle, 745 So. 2d 411 (Fla. 4th DCA 1999)
- CASA Inv. Co., Inc. v. Marcel Nestor, 8 So. 3d 1219 (Fla. 3d DCA 2009)
- Felierix Garcia v. State, 8 So. 3d 1219 (Fla. 3d DCA 2009)