Natiello v. Winn-Dixie Stores, Inc.

CORRECTED OPINION

In this slip-and-fall case, the plaintiffs, Dorothy Natiello and William Natiello, appeal a final summary judgment entered in favor of the defendant, Winn-Dixie Stores, Inc. We reverse solely for a new hearing on the defendant’s motion for summary judgment.

The facts set out in the plaintiffs’ verified motion for rehearing are undisputed. The plaintiffs’ counsel arrived for the summary judgment hearing at the scheduled time but left to go to the restroom when he saw that defense counsel was not present. When plaintiffs’ counsel returned to the courtroom a few minutes later,…