Opinion
No. 89-1197.
April 10, 1990.
An Appeal from the Circuit Court for Dade County; John A. Tanksley, Judge.
Donald S. Rose, Miami, for appellants.
Hoffman, Larin Agnetti and Martin L. Hoffman, North Miami Beach, for appellees.
Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.
The summary judgment under review is set aside and the cause remanded for the trial court to conduct an evidentiary hearing and to make a finding as to whether the motion and notice of hearing was actually timely received by counsel for the appellants. See Hammett v. Hammett, 510 So.2d 632 (Fla.3d DCA 1987); Moses v. Bystrom, 489 So.2d 834 (Fla.3d DCA 1986). If timely notice was received, the judgment shall be reinstated. If there is a determination to the contrary, the judgment shall remain vacated. Moses v. Bystrom, 489 So.2d at 836.