LILY AUERBACH ET AL., PETITIONERS,

v.

JAMES R. ALTO ET UX., RESPONDENTS

Citator

Cited By

• Hartford Accident & Indem. Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988)
  …be filed prior to the day of the hearing. Based on the uncon-troverted evidence before the court as of the date of the hearing, the partial summary judgment was properly granted. See Auerbach v. Alto, 281 So. 2d 567 (Fla.3d DCA 1973), cert. denied, 297 So. 2d 31 (Fla.1974). Even assuming arguendo the court was obligated to consider the affidavit and deposition of Kipp, we find the trial court properly denied the motion for rehearing since no evidence was presented that Jones’ use of the vehicle was without…
• Burton v. GOV Contracting Corp., 552 So. 2d 293 (Fla. 2d DCA 1989)
  …f hearing on the motion for summary [*298] judgment. See, e.g., Davis v. Lyall & Lyall Veterinarians, P.A., 506 So. 2d 1072 (Fla. 5th DCA), review denied, 513 So. 2d 1062 (Fla.1987); Auerbach v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973), cert. denied, 297 So. 2d 31 (Fla.1974); and Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962). In addition to the cases previously discussed, Auerbach and Hardcastle also rely on the decision of Cleveland Trust Company v. Foster, 93 So. 2d 112 (Fla.1957). In Cleveland Tr…

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• Jose v. Silva and Alma E. Silva, 595 So. 2d 230 (Fla. 3d DCA 1992)
  …l judgment in favor of appellee. The trial court properly disregarded appellants’ untimely affidavit. Hartford Accident & Indem. Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988); Auerbach v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973); cert. denied, 297 So. 2d 31 (Fla.1974); Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962); contra Burton v. GOV Contracting Corp., 552 So. 2d 293 (Fla. 2d DCA 1989). We reverse the award of attorney’s fees, however. “[I]t is well settled that the testimony of an expert…

Authorities Cited

• Lily Auerbach & Consol. Am. Ins. Co. v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973)