Groeber v. Heuring

On the morning of trial, the trial judge granted an oral motion for summary judgment after a previous regularly set motion for summary judgment had been denied by a predecessor judge.1 We reverse. See Fruh-morgen v. Watson, 490 So.2d 1032 (Fla. 2d DCA 1986) wherein the following is found.

Appellant contends that the trial court, by refusing to allow a full trial on the merits, denied him his constitutional right of due process. We agree. In the event the trial court thinks that summary final judgment is proper, it is necessary that the party moved against be given the notice required by…