Hunt v. SCI Funeral Services of Florida, LLC
The Hunt family sued a cemetery operator alleging it secretly moved their stepfather's casket to an adjacent grave. The Hunts never filed any response to the cemetery's summary judgment motion and never served the rule 1.510(c) notice identifying their opposing evidence, instead relying at the hearing on materials filed with their earlier motion to add punitive damages. The Third DCA affirmed summary judgment under the Tipsy Coachman doctrine, holding the rule 1.510(c) notice requirement is mandatory and that the trial court had no discretion to consider unnoticed summary judgment evidence; the fee award under section 768.79 was also affirmed.
Key facts
- The Hunt family sued SCI Funeral Services of Florida, LLC, a cemetery operator, alleging it secretly moved their stepfather's casket to an adjacent grave without authorization.
- The cemetery operator moved for summary judgment; the Hunts failed to file any response and did not serve the mandatory rule 1.510(c) notice identifying their opposing evidence, instead relying at the hearing on materials from their earlier motion to add punitive damages.
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Why it matters
This is a strong enforcement tool for summary judgment movants: the Third DCA aligns with the Fourth and Fifth DCAs in treating rule 1.510(c)'s notice-of-evidence requirement as mandatory rather than discretionary… — full analysis with a trial
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