Mary Lockhart v. Citizens Property Insurance Corporation
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2020
Docket3D19-0512
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-512
Lower Tribunal No. 17-21296
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Mary Lockhart,
Appellant,
vs.
Citizens Property Insurance Company,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Rodolfo A. Ruiz,
Judge.
Giasi Law, P.A., and Erin M. Berger and Melissa A. Giasi (Tampa), for
appellant.
Cole, Scott & Kissane, P.A., and Mark D. Tinker (Tampa), for appellee.
Before FERNANDEZ, LOGUE and LOBREE, JJ.
PER CURIAM.
Affirmed. See Wildwood Props., Inc. v. Archer of Vero Beach, Inc., 621 So.
2d 691, 692 (Fla. 4th DCA 1993) (affirming summary judgment because grounds
raised on appeal were not brought to attention of trial court in opposition to summary
judgment motion); Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d
DCA 2019) (trial court has discretion to refuse to consider counter-affidavit
presented for first time on motion for rehearing of summary judgment as being too
late); Taylor v. First Nat’l Bank of Miami, 270 So. 2d 379, 380 (Fla. 3d DCA 1972)
(affirming exercise of discretion in denial of motions to vacate and for rehearing of
summary judgment premised on movant’s counsel’s failure to attend original
hearing, where no prejudice was shown other than absent counsel’s inability to argue
against motion).
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