Opinion
No. 89-666.
December 19, 1989. Rehearing Denied February 13, 1990.
An Appeal from the Circuit Court for Dade County; Jon I. Gordon, Judge.
Horton, Perse Ginsberg and Edward Perse and Lawrence Rodgers, Miami, for appellants.
Lanza, O'Connor, Armstrong, Sinclair Tunstall and Stephen Tunstall, Coral Gables, for appellees.
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
It is the rule that a summary judgment should not stand if a merely defective prior showing in opposition to the motion is corrected within the rehearing time. See Holl v. Talcott, 191 So.2d 40, 46 (Fla. 1966). On the basis of this determination as applied to the facts and circumstances of this case, the order denying rehearing of the summary judgment entered below is reversed and the cause remanded with directions to grant rehearing and deny summary judgment.