BENTLEY OCEAN VIEW, INC., APPELLANT,
v.
REAL ESTATE ENTERPRISES, INC., APPELLEE
BENTLEY OCEAN VIEW, INC., APPELLANT,
REAL ESTATE ENTERPRISES, INC., APPELLEE
694 So. 2d 94
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court erred in denying the motion 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Siegel v. Deerwood Place Corp., 701 So. 2d 1190 (Fla. 3d DCA 1997)…h the trial court failed to apply the correct standard, we find that summary judgment was still appropriate because the defendants lacked actual or constructive notice of the alleged dangerous condition. Mansur, 401 So. 2d at 1330; Torres v. Garcia, 694 So. 2d 94 (Fla. 3d DCA 1997). The plaintiffs’ depositions clearly indicate that, prior to the accident, they never ob [*1192] served any problems with the stairs and that, prior to the accident, they never reported to the defendants any problems with the stai…
Authorities Cited
- Glenna Somero and Robert Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA 1985)
- Shared Servs., Inc. v. State, 438 So. 2d 911 (Fla. 1st DCA 1983)