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ASSET RECOVERY CENTER INVESTMENTS, LLC v. ESTATE OF HOSSAIRATI

No. 5D11-3116.

113 So.3d 1035 (2013)

ASSET RECOVERY CENTER INVESTMENTS, LLC, Appellant, v. ESTATE OF Charles HOSSAIRATI, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 2013.

Attorney(s) appearing for the Case

Jack R. Reiter of Carlton Fields, P.A., Miami, for Appellant.

Nicholas A. Shannin of The Shannin Law Firm, P.A., and Roger D. Moss, Jr. , of Zimmerman, Kiser & Sutcliffe, P.A., Orlando, for Appellee.

PER CURIAM.

We conclude that the trial court abused its discretion in denying Appellant's motion for rehearing, which established excusable neglect by Appellant's counsel in failing to appear at the summary judgment hearing and failing to file a counter-affidavit. The late-filed affidavit creates an issue of material fact precluding summary judgment. Marco Surfside, Inc. v. Velez, 438 So.2d 911 (Fla. 3d DCA 1983).

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