Kimelman v. Ellenbogen

559 So. 2d 384, 1990 Fla. App. LEXIS 2432, 1990 WL 40313
CourtDistrict Court of Appeal of Florida
DecidedApril 10, 1990
DocketNo. 89-1197
StatusPublished

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.

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

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]*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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Related

Hammett v. Hammett
510 So. 2d 632 (District Court of Appeal of Florida, 1987)
Moses v. Bystrom
489 So. 2d 834 (District Court of Appeal of Florida, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
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.