BULGARIN EX REL. BULGARIN v. SMALLMAN

No. 93-588.

642 So.2d 147 (1994)

Christopher A. BULGARIN, a minor, By and Through Victor BULGARIN and Edith Bulgarin, Individually, and as his natural guardians, parents, and next friends, Appellants, v. Bernice SMALLMAN and Richard Smallman, Appellees.

District Court of Appeal of Florida, Third District.

September 21, 1994.


Attorney(s) appearing for the Case

Paxton, Crow, Bragg, Smith & Keyser and Peter W. Wildman, Vero Beach, for appellants.

McNally & Walker, James J. McNally and Eric S. Kleinman, Coral Gables, for appellees.

Before HUBBART, BASKIN and GREEN, JJ.


GREEN, Judge.

Christopher A. Bulgarin, Victor Bulgarin and Edith Bulgarin (collectively, plaintiffs) appeal an adverse summary judgment in their action for negligence against Bernice Smallman and Richard Smallman (collectively, defendants). We reverse.

Plaintiffs essentially argue that the trial court abused its discretion when it rejected their affidavit in opposition to defendants' motion for summary judgment as untimely. We find that we need not reach this...

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