ANGELA VALENCIA
v.
WAL-MART STORES, INC., ET AL.
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A hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.
[1] Under Florida Rule of Civil Procedure 1.510(c)(6), the use of the definite article 'the' in referring to a hearing on a motion for summary judgment indicates a mandatory…
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Join FLexlaw to unlock all legal intelligence“Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.”
Florida Rule of Civil Procedure 1.510(c)(6)
Angela Valencia appealed a circuit court decision in Miami-Dade County. The appeal involved Wal-Mart Stores, Inc. and Ken Edgecombe.…
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Third District Court of Appeal
State of Florida
Opinion filed September 24, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0088
Lower Tribunal No. 22-14333-CA-01
Angela Valencia,
Appellant,
vs.
Wal-Mart Stores, Inc., and Ken Edgecombe, Appellees.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge.
Florida Advocates, and Carlos Daniel Cabrera and Christopher Michael Tuccitto (Dania Beach), for appellant. GrayRobinson, P.A., and Jack Roy Reiter, Sydney Feldman D'Angelo, and Lucia Lane Leoni, for appellees. Before FERNANDEZ, GORDO and GOODEN, JJ. PER CURIAM.
Affirmed. See Fla. R. Civ. P. 1.510(c)(6) ("Any hearing on a motion for summary judgment must be set for a date at least 10 days after the deadline for serving a response, unless the parties stipulate or the court orders otherwise.) (emphasis added); cf. Covey v. Shaffer, 277 So. 3d 694, 696 (Fla. 2d DCA 2019) (“The use of the definite article 'the' in lieu of an indefinite article such as 'a' or 'any' indicates that the statute has a particular hearing in mind, i.e., the hearing for which the petitioner is required to serve notice, rather than merely a possible, optional hearing.”).
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