Wednesday, October 7, 2009

Twenty Day Requirement Before Summary Judgment Can Be Waived

In Azanza v. Private Funding Group, Inc. (4D09-3751), the Fourth District denied a petition for certiorari claiming that the trial court erred by entering a summary judgment order less than ten days after service of the motion.  While a summary judgment hearing cannot occur until 20 day after service of the motion, the requirement can be waived if no objection is raised.

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