Wednesday, April 29, 2009

Ruling on Oral Summary Judgment Motion Violates Due Process

Reviewing a decision of the circuit court sitting in its appellate capacity, the Third DCA in Casa Investment Co., Inc. v. Nestor (3D08-2310) held an oral motion for summary judgment violates due process and the rules of civil procedure. A motion for summary judgment cannot be heard until twenty days after it is filed and, therefore, cannot be an oral motion.


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