LOCKHART v. CITIZENS PROPERTY INSURANCE COMPANY (2020)

District Court of Appeal of Florida, Third District.

Mary LOCKHART, Appellant, v. CITIZENS PROPERTY INSURANCE COMPANY, Appellee.

No. 3D19-512

Decided: August 26, 2020

Before FERNANDEZ, LOGUE and LOBREE, JJ.

Giasi Law, P.A., and Erin M. Berger and Melissa A. Giasi (Tampa), for appellant. Cole, Scott & Kissane, P.A., and Mark D. Tinker (Tampa), for appellee.

Affirmed. See Wildwood Props., Inc. v. Archer of Vero Beach, Inc., 621 So. 2d 691, 692 (Fla. 4th DCA 1993) (affirming summary judgment because grounds raised on appeal were not brought to attention of trial court in opposition to summary judgment motion); Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019) (trial court has discretion to refuse to consider counter-affidavit presented for first time on motion for rehearing of summary judgment as being too late); Taylor v. First Nat'l Bank of Miami, 270 So. 2d 379, 380 (Fla. 3d DCA 1972) (affirming exercise of discretion in denial of motions to vacate and for rehearing of summary judgment premised on movant's counsel's failure to attend original hearing, where no prejudice was shown other than absent counsel's inability to argue against motion).

PER CURIAM.

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