Legal Opinion

Vivona v. Colony Point 5 Condominium Ass'n

District Court of Appeal of Florida

Decided February 18, 1998No. 96-3671Published

1Per curiam

We affirm the final summary judgment entered in favor of appellee. Appellants initially claim that they had not received á notice of hearing on the motion for summary judgment, although they were present to argue a similar motion filed on behalf of a co-defendant. The trial court offered the appellants additional time to respond to the motion, and they filed affidavits and a memorandum in response to the motion without contesting the procedure. Thus, they waived any objection that they may have had with respect to the lack of notice. See Ultimate Corp. v. CG Data Corp., 575 So.2d 1338, 1339…

2Cases cited6 opinions

  1. RJ v. Humana of Florida, Inc.Supreme Court of Florida · 1995
  2. Zell v. MeekSupreme Court of Florida · 1995
  3. McDonald v. Florida Dept. of Transp.District Court of Appeal of Florida · 1995
  4. Bosket v. Broward County Housing AuthorityDistrict Court of Appeal of Florida · 1996
  5. Ruttger Hotel Corp. v. WagnerDistrict Court of Appeal of Florida · 1997

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