Berchtold v. Griffin

WARNER, Judge.

This is an appeal from a final summary judgment entered after appellants failed to appear at a hearing. The appellants claim that they were not given sufficient notice of the summary judgment hearing. We agree and reverse.

This case was set for trial in September of 1990 for the January 28, 1991, docket. On December 27, 1990, appellants’ counsel was allowed to withdraw. The next day appellee served a motion for summary judgment on appellants together with a notice of hearing for January 3, 1991. Clearly, such a hearing would not be in compliance with Florida Rule of Civil…