Norton v. Gibson

NIMMONS Judge.

Appellant, the defendant below, appeals from a summary judgment entered in favor of appellee/plaintiff in this paternity action. We reverse for failure of the plaintiff to serve her summary judgment motion at least 20 days before the time fixed for the hearing as required by Fla.R.Civ.P. 1.510(c).

On April 12, 1988, plaintiff filed and served her motion for summary judgment. On April 13, 1988, the defendant was served by hand with a notice of hearing indicating that the motion for summary judgment would be heard at a hearing before the court scheduled for the following day, April…