Green v. Green

Full title: RICHARD B. GREEN AND RAYMOND M. GREEN, Appellants, v. MARGARET GREEN…

Court: Florida Court of Appeals, Fifth District

Date published: Oct 28, 2022

No. 5D22-430 (Fla. Dist. Ct. App. Oct. 28, 2022)

Opinion

5D22-430

10-28-2022

RICHARD B. GREEN AND RAYMOND M. GREEN, Appellants, v. MARGARET GREEN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF QUENTIN L. GREEN, Appellee.

T. Todd Pittenger and Kelly J. H. Garcia, of GrayRobinson, P.A., Orlando, for Appellants. Meredith Pitts Smith, of Copeland Covert & Smith PLLC, Altamonte Springs, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Seminole County LT Case No. 2017-CP-001518, Donna Goerner, Judge.

T. Todd Pittenger and Kelly J. H. Garcia, of GrayRobinson, P.A., Orlando, for Appellants.

Meredith Pitts Smith, of Copeland Covert & Smith PLLC, Altamonte Springs, for Appellee.

PER CURIAM.

Richard and Raymond Green ("Appellants") appeal the trial court's order granting partial summary judgment in favor of Margaret Green, individually and as personal representative of the estate of Quentin Green ("Appellee"). We agree with Appellants that the trial court violated their due process rights and proper procedure by ruling on an issue not raised in Appellee's motion for partial summary judgment. Accordingly, we reverse and remand to the trial court with instructions to vacate the order.¹

1 We offer no opinion as to the merits of the trial court's ruling.

REVERSED AND REMANDED.

EVANDER, COHEN and TRAVER, JJ., concur.