GREEN v. GREEN (2022)

District Court of Appeal of Florida, Fifth District.

Richard B. GREEN and Raymond M. Green, Appellants, v. Margaret GREEN, Individually and as Personal Representative of the Estate of Quentin L. Green, Appellee.

Case No. 5D22-430

Decided: October 28, 2022

T. Todd Pittenger and Kelly J. H. Garcia, of GrayRobinson, P.A., Orlando, for Appellants. Meredith Pitts Smith, of Copeland Covert & Smith PLLC, Altamonte Springs, for Appellee.

Richard and Raymond Green (“Appellants”) appeal the trial court's order granting partial summary judgment in favor of Margaret Green, individually and as personal representative of the estate of Quentin Green (“Appellee”). We agree with Appellants that the trial court violated their due process rights and proper procedure by ruling on an issue not raised in Appellee's motion for partial summary judgment. Accordingly, we reverse and remand to the trial court with instructions to vacate the order.¹

REVERSED AND REMANDED.

FOOTNOTES

1. We offer no opinion as to the merits of the trial court's ruling.

PER CURIAM.

EVANDER, COHEN and TRAVER, JJ., concur.

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