STATE OF FLORIDA, PETITIONER,

v.

DAVID BERBINI AND EUGENE MUHA, RESPONDENTS

Citator

Cited By

• Bifulco v. State Farm Mut. Auto. Ins. Co., 693 So. 2d 707 (Fla. 4th DCA 1997)
  …he granting of a summary judgment, in most instances, brings a sudden and drastic conclusion to a lawsuit, thus foreclosing the litigant from the benefit of and right to a trial on the merits of his or her claim. Coastal Caribbean Corp. v. Rawlings, 361 So. 2d 719, 721 (Fla. 4th DCA 1978). It is for this very reason that caution must be exercised in the granting of summary judgment, and the procedural strictures inherent in the Florida Rules of Civil Procedure governing summary judgment must be observed. Page…

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• Verizzo v. The Bank OF NEW York Under Novastar Mortg. Funding Tr., 28 So. 3d 976 (Fla. 2d DCA 2010)
  …rt at least twenty days before the hearing on the motion. See Mack v. Commercial Indus. Park, Inc., 541 So. 2d 800, 800 (Fla. 4th DCA 1989); Marlar v. Quincy State Bank, 463 So. 2d 1233, 1233 (Fla. 1st DCA 1985); Coastal Caribbean Corp. v. Rawlings, 361 So. 2d 719, 721 (Fla. 4th DCA 1978). The promissory note and assignment constituted a portion of the evidence that the Bank relied on in support of its motion for summary judgment, and it is undisputed that the Bank did not attach those documents to the compla…
• Mack v. Commercial Indus. Park, Inc., 541 So. 2d 800 (Fla. 4th DCA 1989)
  …at an affidavit in support of the same motion was filed twelve days before the hearing. This also was inadequate. Any such affidavit should have been filed with the motion at least twenty days before the hearing. Coastal Caribbean Corp. v. Rawlings, 361 So. 2d 719 (Fla. 4th DCA 1978). Accordingly, the final summary judgment must be reversed. However, since a motion for summary judgment may be moved for “at any time” (rule 1.510(a)), this opinion does not preclude a re-filing of such motion if and when the ne…