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WAKEFIELD NURSERY v. HUNTER

No. 83-918.

443 So.2d 465 (1984)

WAKEFIELD NURSERY, a Florida Partnership, Appellant, v. David HUNTER, Appellee.

District Court of Appeal of Florida, Fourth District.

January 11, 1984.

Attorney(s) appearing for the Case

Neil G. Frank of Frank, Horowitz & Flaster, P.A., Sunrise, for appellant.

Arnold Ilovitch of Ilovitch & Manella, P.A., Hollywood, for appellee.

HERSEY, Judge.

In this appeal from a summary final judgment we reverse because only eight days transpired between the date of the Notice and the date of the hearing whereas the rules clearly require twenty days notice. Fla.R.Civ.P. 1.510(c). See Greer v. Workman, 203 So.2d 665 (Fla. 4th DCA 1967). In any event ownership of the pipes and an agreement as to their continued use were genuine material issues of fact the existence...

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