DULCE COLLAZO, ETC., APPELLANT,
v.
JOHN JOSEPH HUPERT, APPELLEE
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PER CURIAM.
We reverse the summary judgment entered in favor of driver John Joseph Hupert, defendant below, in this vehicle collision case. Because discovery was still pending, the trial court should not have entertained a motion for summary judgment until such discovery was concluded. Brandauer v. Publix Super Markets, Inc., 657 So. 2d 932, 933 (Fla. 2d DCA 1995); Sica v. Sam Caliendo •Design, Inc., 623 So. 2d 859 (Fla. 4th DCA 1993); Singer v. Star, 510 So. 2d 637, 639 (Fla. 4th DCA 1987); Dama v. Bay Steel Corp., 445 So. 2d 704, 705 (Fla. 4th DCA 1984).
Plaintiff, a passenger in the truck which collided with Hupert’s vehicle, objected on this basis and apprised the court that several witnesses, including the parties’ respective accident reconstruction experts, were scheduled for deposition later the same month.
Accordingly, we reverse the judgment under review and remand for completion of discovery following which defendant may renew his motion for summary judgment.
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Payne v. Cudjoe Gardens Prop. Owners Ass'n, Inc., 837 So. 2d 458 (Fla. 3d DCA 2002)…of a party is pending.”); Henderson v. Reyes, 702 So. 2d 616, 616 (Fla. 3d DCA 1997)(reversing the entry of Summary Judgment where depositions had not been completed and a request for the production of documents was outstanding.); Collazo v. Hupert, 693 So. 2d 631, 631 (Fla. 3d DCA 1997) (holding that a trial court should not entertain a motion for summary judgment while discovery is still pending); Spradley v. Stick, 622 So. 2d 610, 613 (Fla. 1st DCA 1993); Singer v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987).…
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- Theresa Singer Ad Litem for Ann Doe v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987)
- Brandauer v. Publix Super Mkts., Inc., 657 So. 2d 932 (Fla. 2d DCA 1995)
- Danna v. BAY Steel Corp. & Fla. Erection Serv., Inc., 445 So. 2d 704 (Fla. 4th DCA 1984)
- Sica v. SAM Caliendo Design, Inc., 623 So. 2d 859 (Fla. 4th DCA 1993)