PRESTON G. HATMAKER, APPELLANT,
v.
ADVANCE MORTGAGE CORPORATION, A DELAWARE CORPORATION, APPELLEE
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PER CURIAM.
The plaintiff appeals from a summary final judgment in favor of the defendant.
It is debatable whether, at the time the summary judgment was initially granted, the defendant as the moving party had met its burden of showing that there were no genuine issues of fact. We need not, however, rest our decision on the record before the trial court at the time of the initial hearing. In support of his motion for rehearing the plaintiff filed an affidavit which clearly established the existence of genuine issues of fact; but, the trial court refused to accept the affidavit. After hearing the arguments of counsel on the motion for rehearing the court entered an order denying the motion. We find that the trial court in so doing abused its discretion. Berrol v. Concord Florida, Inc., 305 So. 2d 310 (Fla. 3d DCA 1974); National Properties, Inc. v. Ballenger Corp., 277 So. 2d 29 (Fla. 3d DCA 1973); Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
REVERSED and REMANDED.
ALDERMAN, C. J., CROSS, J., and MILLER, ROBERT P., Associate Judge, concur.
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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…
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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…
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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…
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- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Green v. State, 277 So. 2d 29 (Fla. 1st DCA 1973)
- Berrol v. Concord Fla., Inc., 305 So. 2d 310 (Fla. 3d DCA 1974)