Narrative Opinion Summary
Daniel and Maria Wolentarski appealed a final judgment in favor of Anchor Property Casualty Insurance Company following a trial court's grant of summary judgment. The court found that the appellants did not timely submit any evidence or filings opposing Anchor's motion for summary judgment, resulting in a lack of record evidence showing a material issue of disputed fact. This led to the appropriate granting of Anchor's motion under Florida Rule of Civil Procedure 1.510(c), which requires opposing evidence to be submitted at least five days before the hearing or by 5:00 p.m. two business days prior. The court referenced a precedent case, Deshazior v. School Board of Miami-Dade County, which upheld the trial court's discretion in disregarding untimely affidavits. The appellate court affirmed the trial court's decision.
Legal Issues Addressed
Affirmation of Trial Court's Summary Judgment Decision on Appealsubscribe to see similar legal issues
Application: The appellate court affirmed the trial court's decision to grant summary judgment, validating the lower court's application of procedural rules regarding evidence submission.
Reasoning: The appellate court affirmed the trial court's decision.
Discretion of Trial Court in Disregarding Untimely Evidencesubscribe to see similar legal issues
Application: The trial court's decision to disregard untimely affidavits was upheld, demonstrating its discretion under similar circumstances as recognized in precedent.
Reasoning: The court referenced a precedent case, Deshazior v. School Board of Miami-Dade County, which upheld the trial court's discretion in disregarding untimely affidavits.
Summary Judgment under Florida Rule of Civil Procedure 1.510(c)subscribe to see similar legal issues
Application: The court granted summary judgment in favor of Anchor Property Casualty Insurance Company because the appellants failed to submit timely opposing evidence as required by the rule.
Reasoning: The court found that the appellants did not timely submit any evidence or filings opposing Anchor's motion for summary judgment, resulting in a lack of record evidence showing a material issue of disputed fact.