Florida District Courts of Appeal, 1990

Kimelman v. Ellenbogen

Kimelman v. Ellenbogen
Florida District Courts of Appeal · Decided April 10, 1990 · Jorgenson, Levy, Schwartz
559 So. 2d 384; 1990 Fla. App. LEXIS 2432; 1990 WL 40313 (Southern Reporter, Second Series)

Kimelman v. Ellenbogen

Opinion of the Court

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*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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