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Bentley Ocean View v. re Enterprises

District Court of Appeal of Florida, Third District
May 7, 1997
694 So. 2d 94 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-356

Opinion filed May 7, 1997. Rehearing Denied June 18, 1997.

An Appeal from the Circuit Court for Dade County, David L. Tobin, Judge.

Rubin Baum Levin Constant Friedman Bilzin, and Jacob J. Givner, for appellant.

Brian J. Giller, for appellee.

Before SCHWARTZ, C.J., and JORGENSON, and GERSTEN, JJ.


The trial court erred in denying the motion for rehearing because the record reflects excusable neglect and the existence of meritorious defenses. See Somero v. Hendry General Hospital, 467 So.2d 1103 (Fla. 4th DCA), rev. denied, 476 So.2d 674 (Fla. 1985); Marco Surfside, Inc. v. Velez, 438 So.2d 911 (Fla. 3d DCA 1983). Accordingly, we reverse and remand instructing the trial court to grant the motion for rehearing and vacate the order granting summary judgment.

Reversed and remanded with instructions.


Summaries of

Bentley Ocean View v. re Enterprises

District Court of Appeal of Florida, Third District
May 7, 1997
694 So. 2d 94 (Fla. Dist. Ct. App. 1997)
Case details for

Bentley Ocean View v. re Enterprises

Case Details

Full title:BENTLEY OCEAN VIEW, INC., Appellant, vs. REAL ESTATE ENTERPRISES, INC.…

Court:District Court of Appeal of Florida, Third District

Date published: May 7, 1997

Citations

694 So. 2d 94 (Fla. Dist. Ct. App. 1997)