JAMES I. MOORE, JR., APPELLANT,
v.
WILLIAM A. FREEMAN, JR., SHERIFF OF MONROE COUNTY, SGT. ROBERT GREGORY, DET. RONALD C. REXROAT, DET. MICHAEL BARBER, AND CORPORAL JOHN K. NOONAN, APPELLEES
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Summary judgment was reversed because it was entered prematurely before plaintiff completed discovery in a civil action arising from injuries sustained during an officer-involved shooting.
Summary judgment must not be entered before a plaintiff has had adequate opportunity to complete discovery.
[1] Summary judgment should not be entered before a plaintiff has had adequate opportunity to complete discovery.
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Join FLexlaw to unlock all legal intelligenceMoore was shot by officers while attempting to burglarize the Buccaneer Lodge and sued the sheriff and officers for injuries sustained. Summary judgme…
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PER CURIAM.
James I. Moore, Jr. takes this appeal from a summary final judgment entered by the Circuit Court in and for Monroe County, Florida in favor of defendants William A. Freeman, Jr., Sheriff of Monroe County, Sergeant Robert Gregory, Detective Ronald C. Rexroat, Detective Michael Barber and Corporal John K. Noonan, in an action brought by plaintiff against the defendants arising out of injures sustained by plaintiff when he was shot by one of the officers while he was attempting to burglarize the Buccaneer Lodge.
The record before us discloses that the summary final judgment appealed was entered for the defendants before plaintiff, through no fault of his 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.
Reversed and the cause is remanded to the trial court for further proceedings which may include further motions for summary final judgment.
Reversed and remanded with directions.
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Theresa Singer Ad Litem for Ann Doe v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987)…hat there is no genuine issue of material fact. Kemper v. First National Bank of Dayton, Ohio, 277 So. 2d 804 (Fla. 3d DCA 1973). Similarly, a summary judgment is also premature where there has been insufficient time for discovery, Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981), or where a party through no fault of his own, has not yet completed discovery, Societe Euro-Suisse, S.A. v. Citizens and Southern International Bank, 394 So. 2d 533 (Fla. 3d DCA 1981), or when objections to interrogatories and a…
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Lorraine M. Greenleaf and her Husband v. Amerada Hess Corp., 626 So. 2d 263 (Fla. 4th DCA 1993)…reluctant to grant a motion for summary judgment before the parties have had an opportunity to complete discovery. Danna v. Bay Steel Corp., 445 So. 2d 704 (Fla. 4th DCA 1984); Spradley v. Stick, 622 So. 2d 610 (Fla. 1st DCA 1993); Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981); 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). Although appellants refer to the necessity of locating other employees who may have…
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A & B Pipe & Supply Co. v. Turnberry Towers Corp. & Turnberry Corp., 500 So. 2d 261 (Fla. 3d DCA 1986)…ry judgment for defendant, entered pri- or to plaintiffs’ completion of their discovery and where the court had not yet ruled upon plaintiffs’ motion to compel. See also Danna v. Bay Steel Corp., 445 So. 2d 704 (Fla. 4th DCA 1984); Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981); Lovelace v. Sobrino, 280 So. 2d 514 (Fla. 3d DCA 1973). The record in the instant case similarly discloses that the judgment appealed from was entered prematurely. We therefore have not considered the other points raised in this…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Bank OF Kendall v. Alana G. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975)
- Sheridan v. Woody Kaiser, 364 So. 2d 839 (Fla. 3d DCA 1978)
- Cullen v. BIG Daddy's Lounges, Inc., 364 So. 2d 839 (Fla. 3d DCA 1978)