CIVIL PROCEDURE: SUMMARY JUDGMENT: REHEARING: UNTIMELY COUNTER-AFFIDAVIT: EXCUSABLE NEGLECT

Asset Recovery Center Investments, LLC v. Hossairati, ___ So. 3d ___, 38 Fla. L. Weekly D1194 (Fla. 5th DCA May 31, 2013)

The appellee filed a motion for summary judgment.  The appellant did not file a counter-affidavit or appear for the hearing.  The trial court granted the motion and entered final summary judgment for appellee.  The appellant filed a motion for rehearing and a belated counter-affidavit, but the trial court denied the motion.  The appellant appealed from the final judgment, and the appellate court reversed.  The trial court abused its discretion by denying the appellant’s motion for rehearing because it established excusable neglect, and the counter-affidavit created a genuine issue of material fact.