Greene v. Seigle (745 So. 2d 411, 1999)

PER CURIAM.

Plaintiff Andrew Greene appeals final summary judgments entered in favor of all defendants. Defendants Mark Seigle and Ronald Wright cross-appeal the trial court’s denial of their motions to dismiss. We affirm in all respects, except to reverse the summary judgment entered in favor of Wright.

Eight days after Wright filed his motion for summary judgment, the trial court granted it without a hearing or notice to Plaintiff. This violated Florida Rule of Civil Procedure 1.510(c) and Plaintiffs due process rights and thus requires a reversal. See Mondestin v. Duval Fed. Sav. & Loan Ass’n, 500 So.2d 580 (Fla. 4th DCA 1986)(holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard). Accordingly, final summary judgment in favor of Wright is reversed and this case remanded for further proceedings against him. In all other respects, we affirm.

AFFIRMED in part, REVERSED in part, and REMANDED.

GUNTHER, KLEIN and STEVENSON, JJ., concur.