Kimelman v. Ellenbogen

District Court of Appeal of Florida

Kimelman v. Ellenbogen

559 So. 2d 384, 1990 Fla. App. LEXIS 2432, 1990 WL 40313

District Court of Appeal of Florida·Decided April 10, 1990·No. No. 89-1197·Published

Opinion

PER CURIAM.

The summary judgment under review is set aside and the cause remanded for the trial court to conduct an evidentiary hearing and to make a finding as to whether the motion and notice of hearing was actually timely received by counsel for the ap[385] pellants. See Hammett v. Hammett, 510 So.2d 632 (Fla.3d DCA 1987); Moses v. Bystrom, 489 So.2d 834 (Fla.3d DCA 1986). If timely notice was received, the judgment shall be reinstated. If there is a determination to the contrary, the judgment shall remain vacated. Moses v. Bystrom, 489 So.2d at 836.

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PER CURIAM.

The summary judgment under review is set aside and the cause remanded for the trial court to conduct an evidentiary hearing and to make a finding as to whether the motion and notice of hearing was actually timely received by counsel for the ap[385] pellants. See Hammett v. Hammett, 510 So.2d 632 (Fla.3d DCA 1987); Moses v. Bystrom, 489 So.2d 834 (Fla.3d DCA 1986). If timely notice was received, the judgment shall be reinstated. If there is a determination to the contrary, the judgment shall remain vacated. Moses v. Bystrom, 489 So.2d at 836.

Kimelman v. Ellenbogen, 559 So. 2d 384, 1990 Fla. App. LEXIS 2432, 1990 WL 40313 (Fla. Ct. App. 1990).

Pincite

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Opinion

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