03-0732 IBRAHIM V. PREMIER

State: Florida

Court: Florida Third District Court

Docket No: 03-0732 IBRAHIM V. PREMIER

Case Date: 12/03/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003

MOHAMAD IBRAHIM and OUTPATIENT CARE CENTER, INC., ** Appellants, ** vs. ** PREMIER ADVISORY SERVICES, INC. and JONATHAN HUTTNER, ** Appellees. **

**

CASE NO. 3D03-732 LOWER TRIBUNAL NO. 01-860

Opinion filed December 3, 2003. An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Jr., Judge. Berman Rennert Vogel and Mandler and Neil Berman, for appellants. Hall, David and Joseph and Christopher M. David and Justin Arnold, for appellees.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

The defendants, Mohamad Ibrahim and Outpatient Care Center, Inc., appeal from an adverse final lack summary merit. judgment. First, The the

defendants'

contentions

wholly

plaintiffs' motion for summary judgment and Huttner's supporting affidavit were properly served in accordance with the trial court's order and Florida Rule of Civil Procedure 1.080(b), (f). Next, the body of the motion for summary judgment requested the relief awarded. Impact Computers & Elecs. v. Bank of Am., 852 Further, the trial court properly in opposition to the motion for

So. 2d 946 (Fla. 3d DCA 2003). struck Ibrahim's affidavit

summary judgment where it was not timely served and filed in bad faith. Fla. R. Civ. P. 1.510(c), (g). Lastly, the defendants

failed to raise Ibrahim's earlier filed affidavit to the trial court. See Florida High School Activities, Inc. v. Latimer, 750 Because there were no genuine

So. 2d 762 (Fla. 3d DCA 2000).

issues of material fact remaining, the trial court properly entered final summary judgment in favor of the plaintiffs. Affirmed.

2

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