REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY FINAL JUDGMENT OF MORTGAGE FORECLOSURE REVERSED BECAUSE MOVANT FILED AFFIDAVIT IN SUPPORT OF MOTION ONLY EIGHT DAYS BEFORE HEARING: MOVANT’S SUMMARY JUDGMENT EVIDENCE MUST BE FILED AND SERVED NO LATER THAN TWENTY DAYS BEFORE THE HEARING ON THE MOTION

Suarez v. Space Coast Credit Union, ___ So. 3d ___, 39 Fla. L. Weekly D2416 (Fla. 3d DCA November 19, 2014)

The appellate court reversed final summary judgment of mortgage foreclosure because the plaintiff filed the affidavit in support of its motion only eight days before the hearing.  The movant’s “summary judgment evidence must be filed and served no later than twenty days before the hearing on the motion.  [Fla. R. Civ. P.] 1.510(c).  A summary judgment based on untimely summary judgment evidence upon which the movant relies is subject to reversal.”