MAYZELL v. QUARLES & BRADY

No. 98-3672.

744 So.2d 1073 (1999)

Gerald MAYZELL, Appellant, v. QUARLES & BRADY, a general partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 17, 1999.


Attorney(s) appearing for the Case

Robert R. Adler of Delmer C. Gowing III, P.A., Delray Beach, for appellant.

Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.


GLICKSTEIN, Senior Judge.

This is an appeal from a final judgment in favor of appellee. We affirm.

The parties agree that the trial court erred in striking as untimely the affidavits filed in opposition to the motion for summary judgment. How the error occurred is unexplained in light of the plain language of Florida Rule of Civil Procedure 1.510(c) which permits delivery of such opposing affidavits prior to 5:00 p.m. two business days prior to hearing on...

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