Chatowitz v. Heffernan

District Court of Appeal of Florida

Chatowitz v. Heffernan

931 So. 2d 1057, 2006 Fla. App. LEXIS 10624, 2006 WL 1751863

District Court of Appeal of Florida·Decided June 28, 2006·No. No. 3D05-2372·Published

Opinion

PER CURIAM.

In so far as the granting of the motion for final summary judgment was based on grounds not raised in the motion itself, the ruling is in error. Accordingly, we reverse the Order granting final summary judgment; said reversal is without prejudice to appellee to file a motion for summary judgment which may include the grounds upon which summary judgment was granted.

Reversed and remanded.

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PER CURIAM.

In so far as the granting of the motion for final summary judgment was based on grounds not raised in the motion itself, the ruling is in error. Accordingly, we reverse the Order granting final summary judgment; said reversal is without prejudice to appellee to file a motion for summary judgment which may include the grounds upon which summary judgment was granted.

Reversed and remanded.

Chatowitz v. Heffernan, 931 So. 2d 1057, 2006 Fla. App. LEXIS 10624, 2006 WL 1751863 (Fla. Ct. App. 2006).

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