DR. RONALD H. SCHERR AND HARRIET SCHERR, HIS WIFE, APPELLANTS,
v.
DONALD S. ANDREWS, APPELLEE
PER CURIAM.
Where a protective order of the trial court has temporarily precluded the plaintiffs from deposing one of two defendants and the effect of such order is to deprive the plaintiffs of the opportunity to discover information tending to establish the liability of the co-defendant, the entry of a summary judgment for the co-defendant while the protective order is in effect is premature. The summary judgment is, accordingly, reversed and the cause remanded for further proceedings, which may, of course, include a renewed motion for summary judgment after the plaintiffs have had a full and fair opportunity for discovery.
Reversed and remanded.
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Lenhal Realty, Inc. v. Transamerica Commercial Fin. Corp., 615 So. 2d 207 (Fla. 4th DCA 1993)…s v. Kuhn, 403 So. 2d 423, 425 (Fla.1981) (a default entered for failure to plead precludes a party from contesting liability); see generally, Doctor’s Hospital of Hollywood, Inc. v. Madison, 411 So. 2d 190 (Fla.1982). By analogy, Scherr v. Andrews, 497 So. 2d 970 (Fla. 3d DCA 1986), is instructive on this issue. There, entry of a summary judgment was held to be premature because the non-moving party had been prevented by an existing protective order from discovery of information that might have been useful i…
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Erace v. Erace, 683 So. 2d 1114 (Fla. 3d DCA 1996)…emature 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.”) (quoting Commercial Bank v. Heiman, 322 So. 2d 564, 564 (Fla. 3d DCA 1975)); Scherr v. Andrews, 497 So. 2d 970 (Fla. 3d DCA 1986) (finding the entry of summary judgment improper where trial court’s prior entry of protective order temporarily precluded plaintiff’s opportunity to discover information tending to establish liability of codefendant); Cullen v. Bi…
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Savannah Cap., LLC v. Pitisci (Fla. 2d DCA 2021)…deprive the plaintiff[] of the opportunity to discover information tending to establish the liability of the [defendant], the entry of a summary judgment for the [defendant] while the protective order is in effect is premature." Scherr v. Andrews, 497 So. 2d 970, 970 (Fla. 3d DCA 1986); see also Brandauer v. Publix Super Markets, Inc., 657 So. 2d 932, 933 (Fla. 2d DCA 1995) ("Summary judgment should not be granted until the facts have been sufficiently developed for the court to be reasonably certain that n…
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