Bulgarin ex rel. Bulgarin v. Smallman

District Court of Appeal of Florida

Bulgarin ex rel. Bulgarin v. Smallman

642 So. 2d 147, 1994 Fla. App. LEXIS 9025, 1994 WL 511217

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 1994

DocketNo. 93-588

StatusPublished

This text of 642 So. 2d 147 (Bulgarin ex rel. Bulgarin v. Smallman) 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.

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Bulgarin ex rel. Bulgarin v. Smallman, 642 So. 2d 147, 1994 Fla. App. LEXIS 9025, 1994 WL 511217 (Fla. Ct. App. 1994).

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Opinion

GREEN, Judge.

Christopher A. Bulgarin, Victor Bulgarin and Edith Bulgarin (collectively, plaintiffs) appeal an adverse summary judgment in their action for negligence against Bernice Smallman and Richard Smallman (collectively, defendants). We reverse.

Plaintiffs essentially argue that the trial court abused its discretion when it rejected their affidavit in opposition to defendants’ motion for summary judgment as untimely. We find that we need not reach this issue because even in the absence of plaintiffs’ affidavit, there were still genuine issues of material fact to preclude the entry of summary judgment in favor of defendants. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Ramos v. Wright Superior, Inc., 610 So.2d 46 (Fla. 3d DCA 1992).

Reversed and remanded.

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GREEN, Judge.

Christopher A. Bulgarin, Victor Bulgarin and Edith Bulgarin (collectively, plaintiffs) appeal an adverse summary judgment in their action for negligence against Bernice Smallman and Richard Smallman (collectively, defendants). We reverse.

Plaintiffs essentially argue that the trial court abused its discretion when it rejected their affidavit in opposition to defendants’ motion for summary judgment as untimely. We find that we need not reach this issue because even in the absence of plaintiffs’ affidavit, there were still genuine issues of material fact to preclude the entry of summary judgment in favor of defendants. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Ramos v. Wright Superior, Inc., 610 So.2d 46 (Fla. 3d DCA 1992).

Reversed and remanded.

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642 So. 2d 147, 1994 Fla. App. LEXIS 9025, 1994 WL 511217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bulgarin-ex-rel-bulgarin-v-smallman-fladistctapp-1994.

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