(Download) "E. J. Associates v. John E. and Aliese Price Foundation" by Second District Court of Appeal of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: E. J. Associates v. John E. and Aliese Price Foundation
- Author : Second District Court of Appeal of Florida
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The appellant, E.J. Associates, Inc., contends that the trial court erred by entering a final summary judgment in favor of
the appellee, The John E. and Aliese Price Foundation, Inc. We disagree. The appellee filed an action to foreclose a promissory note secured by a mortgage upon default by the appellant. The appellant
filed a motion to dismiss the complaint. The motion was orally denied by the trial court with the provision that the appellant
had twenty days from the entry of a written order to file an answer. The written order denying the motion was filed on March
23, 1987. On January 26, 1987, the appellee served its motion for summary judgment on the appellant and noticed the hearing
for March 23, 1987. On March 19, 1987, the appellee delivered affidavits in support of the motion for summary judgment to
the appellant. The affidavits were filed on March 20, 1987, and on the same day the appellant filed motions to strike the
affidavits and for a protective order. The court held the scheduled hearing on the motion for summary judgment on March 23,
1987. The appellant neither appeared at the hearing nor filed a motion for a continuance. At the termination of the hearing
the trial court granted the appellee's motion for summary judgment. On March 31, 1987, the rial court entered a final judgment
of foreclosure. The appellant did not file a motion for rehearing on the summary judgment and seeks to raise the issues of
the timeliness of the affidavits and the prematureness of the summary judgment for the first time on appeal.
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