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GOLDSTEIN v. WORTMANN

No. 97-1418.

712 So.2d 397 (1998)

G. Joel GOLDSTEIN, Appellant, v. Helga F. WORTMANN and J. Anne Goldstein, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 17, 1998.

Attorney(s) appearing for the Case

Timothy L. Whalen of Daves, Whalen, McHale & Considine, West Palm, Beach, for appellant.

Kathleen B. Johnson of Kathleen B. Johnson, P.A., Boca Raton, for appellees.

KLEIN, Judge.

Appellant was a defendant in this mortgage foreclosure and responded to a summary judgment hearing set for March 20, 1997, by delivering an affidavit to opposing counsel at 4:00 p.m. on March 18, 1997. The trial court struck appellant's affidavit as not being timely filed under Florida Rule of Civil Procedure 1.510(c), which provides:

The adverse party may serve opposing affidavits by mailing the affidavits at least 5 days prior to the day of...

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