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CHATOWITZ v. HEFFERNAN

No. 3D05-2372.

931 So.2d 1057 (2006)

Solomon S. CHATOWITZ, Appellant, v. David Roy HEFFERNAN, Esq., Appellee.

District Court of Appeal of Florida, Third District.

June 28, 2006.

Attorney(s) appearing for the Case

Oscar Syger (Pembroke Pines), for appellant.

Abadin Jaramillo Cook & Heffernan and David R. Heffernan and Erin E. Dardis, Miami, for appellee.

Before COPE, C.J., and LEVY and SHEPHERD, JJ.

PER CURIAM.

In so far as the granting of the motion for final summary judgment was based on grounds not raised in the motion itself, the ruling is in error. Accordingly, we reverse the Order granting final summary judgment; said reversal is without prejudice to appellee to file a motion for summary judgment which may include the grounds upon which summary judgment was granted.

Reversed...

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