BIRGIT HENDERSON, ET AL., APPELLANTS,
v.
RIAMA S. REYES, F/K/A RIAMA S. HENDERSON, APPELLEE
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PER CURIAM.
Birgit Henderson and Maxmillian Henderson appeal from the lower court’s orders in favor of Reyes based upon Reyes’ motion for partial summary judgment, the order denying clarification or rehearing, and the final summary judgment of foreclosure. For the following reasons, we reverse.
The trial court erred in granting summary judgment in favor of Reyes while there were depositions that had not been completed and an outstanding request for the production of documents. See Collazo v. Hupert, 693 So. 2d 631, 631 (Fla. 3d DCA 1997) (holding that while “discovery was still pending, the trial court should not have entertained a motion for summary judgment until such discovery was concluded.”) Hence, the trial court’s granting of summary judgment in favor of Reyes was premature.
Reversed and remanded for completion of discovery following which Reyes may renew her 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)…to discovery as provided in the Florida Rules of Civil Procedure including the taking of depositions, and it is reversible error to enter summary judgment when discovery is in progress and the deposition 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…
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Dilcia Osorto v. Deutsche Bank Nat'l Tr. Co. for Natixis 2007-HE2, 88 So. 3d 261 (Fla. 4th DCA 2012)…31, 631 (Fla. 3d DCA 1997). An order granting summary judgment while there is an outstanding request for production of documents is premature and the appellate court should [*263] reverse and remand for discovery to be completed. Henderson v. Reyes, 702 So. 2d 616, 616 (Fla. 3d DCA 1997). However, if the incomplete discovery will not raise future disputed issues of material fact, summary judgment may be properly granted. Estate of Herrera v. Berlo Indus., Inc., 840 So. 2d 272, 272 (Fla. 3d DCA 2003) (holding…
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Epstein v. Guidance Corp., Inc., 736 So. 2d 137 (Fla. 4th DCA 1999)…ot have ruled on the motion for summary judgment until discovery was completed because the depositions of Dan Marino’s employees may provide relevant evidence concerning the issues in this case. See Fleet Fin., 707 So. 2d at 950; Henderson v. Reyes, 702 So. 2d 616 (Fla. 3d DCA 1997); Collazo v. Hupert, 693 So. 2d 631 (Fla. 3d DCA 1997). Accordingly, we reverse the summary final judgment in favor of Dan Marino’s and remand for further proceedings. REVERSED and REMANDED. DELL, POLEN and FARMER, JJ., concur.…
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- Collazo v. Hupert, 693 So. 2d 631 (Fla. 3d DCA 1997)
- Girtman v. Iva Hauck Girtman, 693 So. 2d 631 (Fla. 2d DCA 1997)