Design Neuroscience Centers, P.L. v. Preston J. Fields, P.A.
The Third DCA reversed a summary judgment for a landlord where the movant's summary judgment motion never addressed the nonmovant's affirmative defenses or declaratory-judgment counterclaim, and those grounds (plus new evidence) were raised for the first time in a reply filed two days before the hearing. The court held the reply was in effect a new summary judgment motion requiring twenty days' notice under former rule 1.510(c), and also reversed the denial of leave to amend the counterclaim. The order striking the jury trial demand was affirmed.
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