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Coffman Realty, Inc. v. Tosohatchee Game Preserve

Supreme Court of Florida
Apr 27, 1982
413 So. 2d 1 (Fla. 1982)

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.


Summaries of

Coffman Realty, Inc. v. Tosohatchee Game Preserve

Supreme Court of Florida
Apr 27, 1982
413 So. 2d 1 (Fla. 1982)

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.

adopting Coffman Realty, Inc. v. Tosohatchee Game Pres., Inc., 381 So. 2d 1164 (Fla. 5th DCA 1980)

Summary of this case from Arguelles v. Citizens Prop. Ins. Corp.

adopting Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc. , 391 So.2d 1164 (Fla. 5th DCA 1980)

Summary of this case from Les Chateaux at Int'l Gardens Condo. Ass'n, Inc. v. Cuevas & Assocs., P.A.

In Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So.2d 1 (Fla. 1982), the Florida Supreme Court adopted the fifth district's opinion in that case, stating that "it is not an abuse of discretion for a trial judge to hold that an affidavit filed with a petition for rehearing is too late."

Summary of this case from Dalrymple v. Franzese
Case details for

Coffman Realty, Inc. v. Tosohatchee Game Preserve

Case Details

Full title:COFFMAN REALTY, INC., A FLORIDA CORPORATION, ET AL., PETITIONERS, v…

Court:Supreme Court of Florida

Date published: Apr 27, 1982

Citations

413 So. 2d 1 (Fla. 1982)

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