Velma Anne Ruth v. Warren Lubow, Etc.

• Court: District Court of Appeal of Florida
• Decided: November 13, 2024
• Docket: 3D2023-0440
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 13, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-0440 Lower Tribunal No. 19-8406 CC ________________

Velma Anne Ruth, Appellant,

vs.

Warren Lubow, etc., Appellee.

An Appeal from the County Court for Miami-Dade County, Ayana Harris, Judge.

Marlene A. Watson, P.A., and Marlene Watson (Kissimmee), for appellant.

Warren Lubow, in proper person.

Before EMAS, LOBREE and GOODEN, JJ.

PER CURIAM. Affirmed. See Brownlee v. 22nd Ave. Apts., LLC, 389 So. 3d 695 (Fla.

3d DCA 2024) (reiterating that once moving party meets its burden of

showing no genuine dispute as to any material fact and that the movant is

entitled to judgment as a matter of law, “it is incumbent upon the nonmoving

party to come forward with evidentiary material demonstrating that a genuine

issue of fact exists . . . .”) (citation omitted); Pangilinan v. Broward Cty., 914

So. 2d 1094 (Fla. 4th DCA 2005)(holding no error in entering summary

judgment in favor of movant where nonmovant submitted no counter-

evidence until she filed her motion for rehearing) (citing Coffman Realty, Inc.

v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)); see also

Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019)

(“A trial court has the discretion to refuse to consider a counter-affidavit

presented for the first time on a motion for rehearing of a summary judgment

as being too late.”) (quoting Knowles v. JPMorgan Chase Bank, N.A., 994

So. 2d 1218, 1219-20 (Fla. 2d DCA 2008)).