MARCO SURFSIDE, INC. v. VELEZ

No. 83-516.

438 So.2d 911 (1983)

MARCO SURFSIDE, INC., Appellant, v. Alberto VELEZ and Mady Velez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1983.


Attorney(s) appearing for the Case

George L. Hayes, III and Joseph Mancilla, Jr., Miami, for appellant.

McConnell, Valdes, Kelley, Sifre, Griggs & Ruiz-Suria and George Volsky, Miami, for appellees.

Before HENDRY, HUBBART and JORGENSON, JJ.


PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (a) the trial court abused its discretion in failing to grant a rehearing in this cause and accept a late-filed affidavit when defendant/appellant's counsel failed to attend the summary judgment hearing and timely file the subject affidavit due to an excusable error by counsel in noting on his calendar the date of...

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