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Velma Anne RUTH, Appellant, v. Warren LUBOW, etc., Appellee.
Affirmed. See Brownlee v. 22nd Ave. Apts., LLC, 389 So. 3d 695 (Fla. 3d DCA 2024) (reiterating that once moving party meets its burden of showing no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law, “it is incumbent upon the nonmoving party to come forward with evidentiary material demonstrating that a genuine issue of fact exists ․”) (citation omitted); Pangilinan v. Broward Cty., 914 So. 2d 1094 (Fla. 4th DCA 2005)(holding no error in entering summary judgment in favor of movant where nonmovant submitted no counter-evidence until she filed her motion for rehearing) (citing Coffman Realty, Inc. v. Tosohatchee Game Preserve, Inc., 413 So. 2d 1 (Fla. 1982)); see also Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019) (“A trial court has the discretion to refuse to consider a counter-affidavit presented for the first time on a motion for rehearing of a summary judgment as being too late.”) (quoting Knowles v. JPMorgan Chase Bank, N.A., 994 So. 2d 1218, 1219-20 (Fla. 2d DCA 2008)).
PER CURIAM.
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Docket No: No. 3D23-0440
Decided: November 13, 2024
Court: District Court of Appeal of Florida, Third District.
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