Summary
adopting Coffman Realty, Inc. v. Tosohatchee Game Pres., Inc., 381 So. 2d 1164, 1167 (Fla. 5th DCA 1980) (observing: "Were we to hold that affidavits could be filed late and that a trial judge never had discretion to refuse them, we would effectively destroy what little the Appellate Courts have left of the summary judgment procedure")
Summary of this case from Umana v. Citizens Prop. Ins. Corp.Opinion
No. 59273.
February 25, 1982. Rehearing Denied April 27, 1982.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Case No. 78-238.
Michael D. Jones of Jones, Morrison Stalnaker, Altamonte Springs, for petitioners.
Geo. A. Speer, Jr., of Speer Speer, Sandord, for respondent.
We have for review a decision of the District Court of Appeal, Fifth District, Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 381 So.2d 1164 (Fla. 5th DCA 1980), wherein the court disagreed with Hatmaker v. Advance Mortgage Corp., 351 So.2d 728 (Fla. 4th DCA 1977), cert. denied, 362 So.2d 1050 (Fla. 1978), insofar as the latter case held it an abuse of discretion for a trial judge to refuse to admit affidavits filed with a motion to rehear the granting of a summary judgment.
We approve the opinion of the district court of appeal in the case sub judice and adopt it as our own.
It is so ordered.
SUNDBERG, C.J., and BOYD, OVERTON, ALDERMAN and McDONALD, JJ., concur.