Kelly v. BankUnited, FSB, 125 So. 3d 981 (Fla. 4th DCA 2013). · Go Syfert
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Kelly v. BankUnited, FSB, 125 So. 3d 981 (Fla. 4th DCA 2013). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: FAST FUNDS, INC. v. AVENTURA ORTHOPEDIC CARE CENTER (fladistctapp, 2019-09-18)
Top citers, strongest first. 2 distinct citers.
cited Cited "see" FAST FUNDS, INC. v. AVENTURA ORTHOPEDIC CARE CENTER
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Kelly v. BankUnited, FSB, 125 So. 3d 981, 981 (Fla. 4th DCA 2013). 3 In denying Appellant’s rule 1.530 motion, the trial court cited rule 1.540 and our opinion in Torrenga.
discussed Cited "see" Collins Asset Group, LLC v. Lee (2×)
Fla. Dist. Ct. App. · 2016 · signal: see · confidence high
See Kelly v. BankUnited, FSB, 125 So.3d 981, 981 (Fla. 4th DCA 2013) (stating a trial court’s denial of relief from a final judgment for excusable neglect is reviewed for abuse of discretion).
Brian KELLY a/k/a Brian K. Kelly
v.
BANKUNITED, FSB
No. 4D11-2022.
District Court of Appeal of Florida, Fourth District.
Jun 19, 2013.
125 So. 3d 981
Kirk J. Girrbach, of The Law Office of Kirk Girrbach, P.A., Fort Lauderdale, for appellant., No brief filed on behalf of appellee.
Ciklin, Conner, Gross.
Cited by 5 opinions  |  Published
PER CURIAM.

BankUnited, FSB, filed a foreclosure complaint against Brian Kelly. In response, Kelly filed an answer and affirmative defenses, which were later amended. BankUnited requested summary judgment, and a hearing was held. However, Kelly’s attorney was unable to attend the hearing due to a secretarial error, which was evidenced by affidavit. Although Kelly’s attorney immediately requested rehearing pursuant to Florida Rule of Civil Procedure 1.530 based upon excusable neglect, it was denied. We find this was an error and reverse.

A trial court may relieve a party from a final judgment upon a showing of excusable neglect. Denial of relief on such basis is reviewed for an abuse of discretion. See SunTrust Bank v. Puleo, 76 So.3d 1037, 1039 (Fla. 4th DCA 2011).

We have previously held that an attorney’s failure to appear due to secretarial error is excusable neglect. J.J.K. Int’l., Inc. v. Shivbaran, 985 So.2d 66, 69 (Fla. 4th DCA 2008). Because here, Kelly’s attorney failed to appear as a result of his secretary mistakenly scheduling multiple hearings at different courthouses at the same time, the trial court erred by refusing to rehear the motion for summary judgment.

Because the record demonstrates excusable neglect, it was error to deny Kelly’s motion for rehearing. As a result, we find[*982] it necessary to reverse and remand to the trial court for rehearing of BankUnited’s motion for summary judgment.

Reversed and remanded.

GROSS, CIKLIN and CONNER, JJ., concur.