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Wednesday
Jun202012

Fla. R. Civ. P. 1.510(c)

When plaintiff files for summary judgment, the hearing must be scheduled at least 20 days from the date of the filing. All documents and exhibits must be received by the defendant at least 20 days before the hearing.

Rule 1.510(c) requires that the movant "serve the motion at least 20 days before the time fixed for the hearing[] and shall also serve at that time copies of any summary judgment evidence on which the movant relies that has not already been filed with the court." Further, cases have interpreted the rule to require that the movant also file the motion and documents with the court at least twenty days before the hearing on the motion. See Mack v. Commercial Indus. Park, Inc., 541 So.2d 800, 800 (Fla. 4th DCA 1989)Marlar v. Quincy State Bank, 463 So.2d 1233, 1233 (Fla. 1st DCA 1985)Coastal Caribbean Corp. v. Rawlings, 361 So.2d 719, 721 (Fla. 4th DCA 1978). (citing Verizzo v. Bank of New York, 28 So. 3d 976 (Fla 2nd DCA 2010))

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