Kimelman v. Ellenbogen
This text of 559 So. 2d 384 (Kimelman v. Ellenbogen) 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.
Opinion
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]*385pellants. 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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Cite This Page — Counsel Stack
559 So. 2d 384, 1990 Fla. App. LEXIS 2432, 1990 WL 40313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimelman-v-ellenbogen-fladistctapp-1990.