State Farm Fire and Casualty Co. v. Diana Lezcano and Ricardo Diaz, 34 Fla. L. Wkly D2105a (Fla. 3d DCA Oct. 14, 2009)

In this car accident case involving insurance coverage, two plaintiffs in separate companion cases moved for summary judgment against the insurer.  The trial court held hearings on the first plaintiff’s motion and granted it.  As for the second plaintiff, the court granted the motion a week later, but without holding a separate hearing.  The appellate court reversed, holding that “[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.”

State Farm Fire and Casualty Company v. Diana Lezcano and Ricardo Diaz, 34 Fla. L. Wkly D2105a (Fla. 3d DCA Oct. 14, 2009)