Olympus Insurance Company v. Maikel Hernandez

District Court of Appeal of Florida

Olympus Insurance Company v. Maikel Hernandez

171 So. 3d 831, 2015 Fla. App. LEXIS 12472, 2015 WL 4936474

CourtDistrict Court of Appeal of Florida

DecidedAugust 19, 2015

Docket4D15-1060

StatusPublished

Cited by1 cases

This text of 171 So. 3d 831 (Olympus Insurance Company v. Maikel Hernandez) 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

Olympus Insurance Company v. Maikel Hernandez, 171 So. 3d 831, 2015 Fla. App. LEXIS 12472, 2015 WL 4936474 (Fla. Ct. App. 2015).

Pincite

Opinions

PER CURIAM.

The trial court departed from the essential requirements of law when it granted the motion for substitution of party and denied the motion to dismiss based upon counsel’s unsworn assertions of excusable neglect. Steinhardt v. Intercondominium Grp. Inc., 771 So.2d 614, 614 (Fla. 4th DCA 2000). The petition for writ of cer-tiorari is granted, and the trial court’s February 19, 2015 order is quashed. On remand, the trial court is directed to conduct an evidentiary hearing to determine whether the untimely filing of the motion for substitution of party was caused by excusable neglect. Id. at 615.

STEVENSON and FORST, JJ„ concur. CONNER, J., dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The trial court departed from the essential requirements of law when it granted the motion for substitution of party and denied the motion to dismiss based upon counsel’s unsworn assertions of excusable neglect. Steinhardt v. Intercondominium Grp. Inc., 771 So.2d 614, 614 (Fla. 4th DCA 2000). The petition for writ of cer-tiorari is granted, and the trial court’s February 19, 2015 order is quashed. On remand, the trial court is directed to conduct an evidentiary hearing to determine whether the untimely filing of the motion for substitution of party was caused by excusable neglect. Id. at 615.

STEVENSON and FORST, JJ„ concur. CONNER, J., dissents with opinion.

Cite This Page — Counsel Stack

Bluebook (online)

171 So. 3d 831, 2015 Fla. App. LEXIS 12472, 2015 WL 4936474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olympus-insurance-company-v-maikel-hernandez-fladistctapp-2015.

Opinions

Related

Cite This Page — Counsel Stack