COASTAL STATES MORTGAGE CORPORATION, APPELLANT,
v.
COMMONWEALTH SAVINGS & LOAN ASSOCIATION OF FLORIDA, APPELLEE

Fla. 3d DCA | 1986-11-12
No. 86-1952
Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ.
497 So. 2d 917 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

It appears that, had it not been for the excusable neglect of appellant’s counsel, appellant would have timely filed in opposition to the appellee’s motion for summary judgment more than ample evidence to indisputably raise a genuine issue of fact as to whether the appellee, as it alleged, had fully performed its agreement with appellant. Therefore, we hold that the trial court abused its discretion in denying the appellant’s motion for rehearing and to vacate the summary judgment entered in favor of the appellee, such motion having been made immediately upon the discovery of counsel’s mistake and on the day following the summary judgment hearing and entry of judgment.

Reversed and remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Herrick v. Se. Bank, N.A., 512 So. 2d 1029 (Fla. 3d DCA 1987)
    …ite v. Spears, 123 So. 2d 689 (Fla. 3d DCA 1960) (same); see Allen v. Wright, 350 So. 2d 111 (Fla. 1st DCA 1977) (inexcusable neglect of insurance company); compare Coastal States Mortgage Corp. v. Commonwealth Savings & Loan Association of Florida, 497 So. 2d 917 (Fla. 3d DCA 1986) (excusable neglect of attorney basis for setting aside default). The defendants separately claim that the appellee’s supporting affidavits overstated the amount due on the mortgage and that they were thus entitled to relief from…
  • Fernandes v. Boisvert, 659 So. 2d 412 (Fla. 2d DCA 1995)
    …. Therefore, in light of the unique circumstances presented here, we determine that the trial court abused its discretion in refusing to consider Fernandes’ affidavit on rehearing. See Coastal States Mortgage Corp. v. Commonwealth Sav. & Loan Ass’n, 497 So. 2d 917 (Fla. 3d DCA 1986); Wiskeman v. First Bank of Hollywood Beach, 405 So. 2d 1044 (Fla. 3d DCA 1981); see also Tooke v. Downing, 564 So. 2d 250 (Fla. 1st DCA 1990). Accordingly, we vacate the final judgment and remand this case for disposition on the m…
  • Olesh v. Greenberg, 978 So. 2d 238 (Fla. 5th DCA 2008)
    …. Therefore, in light of the unique circumstances presented here, we determine that the trial court abused its discretion in refusing to consider Fernandes’ affidavit on rehearing. See Coastal States Mortgage Corp. v. Commonwealth Sav. & Loan Ass’n, 497 So. 2d 917 (Fla. 3d DCA 1986); Wiskeman v. First Bank of Hollywood Beach, 405 So. 2d 1044 (Fla. 3d DCA 1981); see also Tooke v. Downing, 564 So. 2d 250 (Fla. 1st DCA 1990). Accordingly, we vacate the final judgment and remand this case for disposition on the m…

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