Narrative Opinion Summary
Daniel and Maria Wolentarski, the appellants, appealed a final judgment favoring Anchor Property Casualty Insurance Company after the trial court granted Anchor's motion for summary judgment. The appeal was based on the appellants' failure to timely submit evidence or filings opposing the motion for summary judgment, resulting in the absence of any record evidence indicating a material dispute of fact. The trial court's decision to grant the summary judgment was deemed correct as it adhered to 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 to the hearing. The ruling referenced Deshazior v. Sch. Bd. of Miami-Dade Cty., affirming that the trial court did not abuse its discretion in disregarding untimely evidence. The judgment was affirmed.
Legal Issues Addressed
Discretion of Trial Court in Disregarding Untimely Evidencesubscribe to see similar legal issues
Application: The court's discretion to disregard untimely submitted evidence was upheld, referencing a precedent to affirm the decision.
Reasoning: The ruling referenced Deshazior v. Sch. Bd. of Miami-Dade Cty., affirming that the trial court did not abuse its discretion in disregarding untimely evidence.
Summary Judgment Requirements under Florida Rule of Civil Procedure 1.510(c)subscribe to see similar legal issues
Application: The court applied the rule requiring evidence opposing a motion for summary judgment to be submitted at least five days before the hearing or by 5:00 p.m. two business days prior to the hearing.
Reasoning: The trial court's decision to grant the summary judgment was deemed correct as it adhered to 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 to the hearing.
Timeliness of Evidence Submission in Summary Judgment Proceedingssubscribe to see similar legal issues
Application: The appellants' failure to submit timely evidence or filings resulted in the absence of any record evidence indicating a material dispute of fact, leading to the granting of summary judgment for the insurance company.
Reasoning: The appeal was based on the appellants' failure to timely submit evidence or filings opposing the motion for summary judgment, resulting in the absence of any record evidence indicating a material dispute of fact.