BEACH HIGHER POWER CORP. v. CAPOCHE

No. 3D00-655.

763 So.2d 551 (2000)

BEACH HIGHER POWER CORP. d/b/a Prince Michael Hotel, Appellant, v. Ernesto CAPOCHE, individually, and d/b/a Capoche Cabinets, Appellees.

District Court of Appeal of Florida, Third District.

August 2, 2000.


Attorney(s) appearing for the Case

Neustein & Neustein and Charles L. Neustein, Miami Beach, for appellant.

Payer & Twombly and James D. Payer, Miami, for appellees.

Before COPE, GERSTEN, and FLETCHER, JJ.


PER CURIAM.

The appellant, Beach Higher Power Corporation, defendant below, seeks to reverse a non-final order granting summary judgment in appellees' favor. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) and reverse.

Beach Higher Power Corporation was hand-served with Capoche Cabinets' motion for summary judgment at commencement of trial in the underlying dispute between the parties. Because the plaintiffs did not...

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