Legal Opinion
Silva v. Hernandez
Supreme Court of Florida
Decided February 4, 1993No. 79835PublishedCited by 3 opinions
1Per curiam
We have for review Silva v. Hernandez, 595 So.2d 230 (Fla. 3d DCA 1992), based on express and direct conflict with Burton v. GOV Contracting Corp., 552 So.2d 293 (Fla. 2d DCA 1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
As to the conflict issue, we agree with the Burton court that Florida Rule of Civil Procedure 1.510(c) only requires that opposing affidavits be served at least one day prior to the day of the hearing. There is no requirement of actually filing the affidavit at a specific time so long as it is filed before the relevant hearing commences, even if filing occurs the…
2Cases cited6 opinions
- Hardcastle v. MobleyDistrict Court of Appeal of Florida · 1962
- Auerbach v. AltoDistrict Court of Appeal of Florida · 1973
- Henry Stiles, Inc. v. EvansDistrict Court of Appeal of Florida · 1968
- Burton v. GOV Contracting Corp.District Court of Appeal of Florida · 1989
- Hartford Acc. & Indem. Co. v. GilletteDistrict Court of Appeal of Florida · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Navellier v. ShortzDistrict Court of Appeal of Florida · 2016
- Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc.District Court of Appeal of Florida · 2026
- Silva v. HernandezDistrict Court of Appeal of Florida · 1993