SHARED SERVICES, INC., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLEE
SHARED SERVICES, INC., APPELLANT,
STATE OF FLORIDA, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, APPELLEE
438 So. 2d 911
Florida District Court of Appeal, First District (1983)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Affirmed without prejudice to appellant’s right to challenge the existing rules under Section 120.56, Florida Statutes (1981).
MILLS, SHIVERS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Slachter v. Abundio Inv. Co., 566 So. 2d 348 (Fla. 3d DCA 1990)…ed in denying Slachter’s motion for rehearing of the final summary judgment because Slachter presented a sufficient factual basis for counsel’s failure to attend the summary judgment hearing. We again do not agree. In Marco Surfside, Inc. v. Velez, 438 So. 2d 911 (Fla. 3d DCA 1983), this court reversed a plaintiff’s final summary judgment where the defendant’s counsel failed to attend the summary judgment hearing. We held that the trial court abused its discretion in failing to grant a rehearing and accept a…
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Bentley Ocean View, Inc. v. Real Est. Enters., Inc., 694 So. 2d 94 (Fla. 3d DCA 1997)…tion 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 DCA1983). 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.…
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Mitchell v. Kelly, 639 So. 2d 66 (Fla. 3d DCA 1994)…s adjudication of cases on the merits. North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962). The instant case is analogous to those in which counsel has failed to appear by reason of a calendaring error. See Marco Surfside, Inc. v. Velez, 438 So. 2d 911, 912 (Fla. 3d DCA 1983); Supro Corp. v. Bridwell, 361 So. 2d 734, 735 (Fla. 4th DCA 1978); Travelers Ins. Co. v. Bryson, 341 So. 2d 1013, 1014-15 (Fla. 4th DCA 1977). The order under review should be reversed.…
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