AIRAM STONE DESIGNS INC v. RIVAS (2020)

District Court of Appeal of Florida, Third District.

AIRAM STONE DESIGNS, INC., Appellant(s)/Petitioner(s) v. Wilbur RIVAS, etc., Appellee(s)/Respondent(s)

CASE NO.: 3D20-1466

Decided: November 10, 2020

Following review of the Petition for Writ of Mandamus, and the Response and Reply thereto, it is ordered that said Petition is granted. The order on summary judgment is vacated, and the matter is remanded to the trial court to conduct a hearing on the motion for summary judgment as contemplated in Florida Rule of Civil Procedure 1.510(c). See State Farm Fire and Cas. Co. v. Lezcano, 22 So. 3d 632, 634 (Fla. 3d DCA 2009) (“A trial court's failure to conduct a hearing prior to ruling on the motion for summary judgment constitutes a denial of the due process guarantee of notice and an opportunity to be heard.”).

SCALES, LINDSEY and BOKOR, JJ., concur.

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