Florida District Courts of Appeal, 2015

Olympus Insurance Company v. Maikel Hernandez

Olympus Insurance Company v. Maikel Hernandez
Florida District Courts of Appeal · Decided August 19, 2015 · Conner, Forst, Per Curiam, Stevenson
171 So. 3d 831; 2015 Fla. App. LEXIS 12472; 2015 WL 4936474 (Southern Reporter, Third Series)

Olympus Insurance Company v. Maikel Hernandez

Opinion of the Court

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.

Dissenting Opinion

CONNER, J.,

dissenting.

I dissent and agree with the reasoning expressed by Judge Warner in her dissent in Volkswagen Group of America, Inc. v. Harmon, 110 So.3d 536 (Fla. 4th DCA 2013).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.