Asset Recovery Center Investments, LLC v. Estate of Hossairati

PER CURIAM. We conclude that the trial court abused its discretion in denying Appellant’s motion for rehearing, which established excusable neglect by Appellant’s counsel in failing to appear at the summary judgment hearing and failing to file a counter-affidavit. The late-filed affidavit creates an issue of material fact precluding summary judgment. Marco Surfside, Inc. v. Velez, 438 So.2d 911 (Fla. 3d DCA 1983). REVERSED and REMANDED. GRIFFIN, TORPY and JACOBUS, JJ., concur.