SYLVIA CULLEN AND CHARLES CULLEN, HER HUSBAND, APPELLANTS,
v.
BIG DADDY'S LOUNGES, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
Plaintiffs take this appeal from a summary final judgment entered in favor of the defendant in a slip and fall action. The record discloses that at the time of the granting of the summary judgment plaintiffs had not completed their discovery and the court had not ruled upon plaintiffs’ motion to compel discovery.
In Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975), we held that:
“. . . [I]t was premature for the trial court to award the defendant a summary judgment when the plaintiff, through no fault of its own, had not completed its discovery.”
The summary judgment is reversed and the cause is remanded to the trial court for further proceedings which may include further motions for summary judgment by either side after all discovery is completed.
Reversed and remanded with directions.
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Spradley v. Doctor Michael O. Stick & Hamilton Cnty. Mem'l Hosp., 622 So. 2d 610 (Fla. 1st DCA 1993)…n opportunity to conduct discovery. A & B Pipe and Supply Co. v. Turnberry Towers Corp., 500 So. 2d 261 (Fla. 3d DCA 1986); Derosa v. Shands Teaching Hospital and Clinic, Inc., 468 So. 2d 415 (Fla. 1st DCA 1985); Cullen v. Big Daddy’s Lounges, Inc., 364 So. 2d 839 (Fla. 3d DCA 1978). In the present case, because appellant, a prisoner, encountered difficulty in getting answers to his questions, judicial enforcement of discovery was necessary, but lacking. We turn now to appellant’s second issue. Under Florida…
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Suntogs OF Miami, Inc. v. Burroughs Corp., 433 So. 2d 581 (Fla. 3d DCA 1983)…denied, 248 So. 2d 169 (Fla.1971). While we recognize that the premature termination of discovery through no fault of Suntogs normally would entitle it to a reversal of the summary judgment on the fraud claims, Cullen v. Big Daddy’s Lounges, Inc., 364 So. 2d 839 (Fla. 3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975); Campbell v. Hartford Fire & Casualty Co., 309 So. 2d 624 (Fla. 3d DCA 1975), we note that the record even as it stands now does not demonstrate as a matter…
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Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981)…own, had completed his discovery. Plaintiff contends on appeal that the entry of summary judgment was premature since he had insufficient time to commence discovery and complete discovery. We agree and reverse. Cullen v. Big Daddy’s Lounges, Inc., 364 So. 2d 839 (Fla. 3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975). Since we are reversing the entry of summary judgment solely on the grounds that the ruling was premature, we have not considered the other points raised.…
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- Commercial Bank OF Kendall v. Alana G. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975)