Asset Recovery Center Investments, LLC v. Estate of Hossairati

District Court of Appeal of Florida

Asset Recovery Center Investments, LLC v. Estate of Hossairati

113 So. 3d 1035, 2013 WL 2359492, 2013 Fla. App. LEXIS 8586

District Court of Appeal of Florida·Decided May 31, 2013·No. No. 5D11-3116·Published

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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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.

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).

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