OMOSA A. ADE
v.
PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY

Fla. 3d DCA | 2026-03-18
No. 2025-0605
2026 FL 2766 Florida District Court of Appeal, Third District (2026) Positive Treatment

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Holding

Summary judgment may be granted even when discovery is incomplete if future discovery will not create a disputed issue of material fact, and affidavits filed on the day of summary judgment hearing are untimely and may be disregarded.


Facts & Procedural History

Omosa A. Ade brought an action against Public Health Trust of Miami-Dade County. The trial court granted summary judgment in favor of the defendant.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Est. of Herrera v. Berlo Indus., Inc., 840 So. 2d 272, 273 (Fla. 3d DCA 2003) (“Summary judgment may be granted, even though discovery has not been completed, when the future discovery will not create a disputed issue of material fact."); Gidwani v. Roberts, 248 So. 3d 203, 208 (Fla. 3d DCA 2018) (“A party cannot simply attach unsworn or unauthenticated documents to a motion for summary judgment and satisfy the procedural requirements of Florida Rule of Civil Procedure 1.510(e)."); Binford v. City of Winter Springs, 969 So. 2d 1098, 1099 (Fla. 5th DCA 2007) ("It is well established that an affidavit in opposition to summary judgment which is filed on the day of the summary judgment hearing is untimely and the trial court has discretion to disregard it.").


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