Wagner v. Vigor Island Corp.

District Court of Appeal of Florida

Wagner v. Vigor Island Corp.

443 So. 2d 469, 1984 Fla. App. LEXIS 11316

CourtDistrict Court of Appeal of Florida

DecidedJanuary 12, 1984

DocketNo. 82-1058

StatusPublished

Cited by2 cases

This text of 443 So. 2d 469 (Wagner v. Vigor Island Corp.) 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

Wagner v. Vigor Island Corp., 443 So. 2d 469, 1984 Fla. App. LEXIS 11316 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

This is an appeal from a summary final judgment in a mortgage foreclosure action. We reverse because the record sustains appellant’s contention that he was given no notice of the hearing on plaintiff's motion for summary judgment. Neither does it appear to us that appellant was given sufficient opportunity to be heard or to provide affidavits to support his affirmative defenses when he called the lack of notice to the court’s attention and moved for a rehearing and an extension of time within which to provide such affidavits. The final judgment is reversed and the cause is remanded for further proceedings consistent herewith.

REVERSED and REMANDED.

ORFINGER, C.J., and DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur,

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PER CURIAM.

This is an appeal from a summary final judgment in a mortgage foreclosure action. We reverse because the record sustains appellant’s contention that he was given no notice of the hearing on plaintiff's motion for summary judgment. Neither does it appear to us that appellant was given sufficient opportunity to be heard or to provide affidavits to support his affirmative defenses when he called the lack of notice to the court’s attention and moved for a rehearing and an extension of time within which to provide such affidavits. The final judgment is reversed and the cause is remanded for further proceedings consistent herewith.

REVERSED and REMANDED.

ORFINGER, C.J., and DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur,

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443 So. 2d 469, 1984 Fla. App. LEXIS 11316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-vigor-island-corp-fladistctapp-1984.

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