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Asset Recovery Center Investments, LLC v. Estate of Hossairati

113 So. 3d 1035, 2013 WL 2359492, 2013 Fla. App. LEXIS 8586
CourtDistrict Court of Appeal of Florida
DecidedMay 31, 2013
DocketNo. 5D11-3116
StatusPublished

This text of 113 So. 3d 1035 (Asset Recovery Center Investments, LLC v. Estate of Hossairati) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asset Recovery Center Investments, LLC v. Estate of Hossairati, 113 So. 3d 1035, 2013 WL 2359492, 2013 Fla. App. LEXIS 8586 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

We conclude that the trial court abused its discretion in denying Appellant’s motion for rehearing, which established excusable neglect by Appellant’s counsel in failing to appear at the summary judgment hearing and failing to file a counter-affidavit. The late-filed affidavit creates an issue of material fact precluding summary judgment. Marco Surfside, Inc. v. Velez, 438 So.2d 911 (Fla. 3d DCA 1983).

REVERSED and REMANDED.

GRIFFIN, TORPY and JACOBUS, JJ., concur.

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Related

Marco Surfside, Inc. v. Velez
438 So. 2d 911 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
113 So. 3d 1035, 2013 WL 2359492, 2013 Fla. App. LEXIS 8586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asset-recovery-center-investments-llc-v-estate-of-hossairati-fladistctapp-2013.