CONCEPCION SOSA, APPELLANT,

v.

ALLSTATE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)
  …tice. We have for review a decision of the District Court of Appeal, Fifth District, Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980), wherein the court disagreed with Hatmaker v. Advance Mortgage Corp., 351 So. 2d 728 (Fla. 4th DCA 1977), cert. denied, 362 So. 2d 1050 (Fla.1978), insofar as the latter case held it an abuse of discretion for a trial judge to refuse to admit affidavits filed with a motion to rehear the granting of a summary judgment. We approve t…
• Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980)
  …rial judge never had discretion to refuse them, we would effectively destroy what little the Appellate Courts have left of the summary judgment procedure. In this regard we are directed to our own opinion in Hatmaker v. Advance Mortgage Corporation, 351 So. 2d 728 (Fla. 4th DCA 1977), cert. den. 362 So. 2d 1050 (Fla.1978), which might well be construed to require a trial judge to permit late filing. However, in Hatmaker the court noted that it was “debatable whether at the time the summary judgment was initia…
• Pangilinan v. Broward Cnty., 914 So. 2d 1094 (Fla. 4th DCA 2005)
  …phire and Bridgeport, the Florida Supreme Court had reached a different result in Coffman Realty v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla.1982). There, the supreme court disagreed with our decision in Hatmaker v. Advance Mortgage Corp., 351 So. 2d 728 (Fla. 4th DCA 1977), wherein we held that it was an abuse of discretion for a trial judge to refuse to admit affidavits filed with a motion to rehear the granting of a summary judgment. Instead, the supreme court approved and adopted the opinion of…

Authorities Cited

• Arrieta v. Volkswagen Ins. Co. & Protective Nat'l Ins. Co., 343 So. 2d 918 (Fla. 3d DCA 1977)
• Apodaca v. Old Sec. Cas. Ins. Co., 348 So. 2d 677 (Fla. 3d DCA 1977)