05-2372 CHATOWITZ V. HEFFERNAN

State: Florida

Court: Florida Third District Court

Docket No: 05-2372 CHATOWITZ V. HEFFERNAN

Case Date: 06/28/2006

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 JANUARY TERM, 2006

SOLOMON S. CHATOWITZ, Appellant, vs. DAVID ROY HEFFERNAN, ESQ., Appellee.

** ** ** ** ** CASE NO. 3D05-2372 LOWER TRIBUNAL NO.

04-2698 CA 20

Opinion filed June 28, 2006. An Appeal from the Circuit Court for Miami-Dade County, Ronald C. Dresnick, Judge. Oscar Syger (Pembroke Pines), for appellant. Abadin Jaramillo Cook & Heffernan and David R. Heffernan and Erin E. Dardis, for appellee.

Before COPE, C.J., and LEVY and SHEPHERD, JJ.

PER CURIAM.

In so far as the granting of the motion for final summary judgment was based on grounds not raised in the motion itself, the ruling is in error. Accordingly, judgment; said we reverse the is Order

granting

final

summary

reversal

without

prejudice to appellee to file a motion for summary judgment which may include the grounds upon which summary judgment was granted. Reversed and remanded.

2

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