MARCEL KIMELMAN AND ARON KALISZ, APPELLANTS,
v.
ALFRED ELLENBOGEN AND EVELYN S. ELLENBOGEN, APPELLEES

Fla. 3d DCA | 1990-04-10
No. 89-1197
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
559 So. 2d 384 Florida District Court of Appeal, Third District (1990)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary judgment under review is set aside and the cause remanded for the trial court to conduct an evidentiary hearing and to make a finding as to whether the motion and notice of hearing was actually timely received by counsel for the ap pellants. See Hammett v. Hammett, 510 So. 2d 632 (Fla.3d DCA 1987); Moses v. Bystrom, 489 So. 2d 834 (Fla.3d DCA 1986). If timely notice was received, the judgment shall be reinstated. If there is a determination to the contrary, the judgment shall remain vacated. Moses v. Bystrom, 489 So. 2d at 836.


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