RACHEL VANCELETTE, APPELLANT,
v.
BOULAN SOUTH BEACH CONDOMINIUM ASSOCIATION, INC., ET AL., APPELLEES
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Rachel Vancelette appeals summary judgments in her personal injury case arising from a fall on an unmarked curb at a sidewalk access ramp. The court affirmed the dismissals of all seven defendants, holding that the Slavin doctrine relieved the construction and design defendants of liability for patent defects after the owner (DOT) accepted the completed work.
The trial court did not abuse its discretion in denying the continuance motion because Vancelette failed to demonstrate diligence, good faith, and materiality of the discovery sought, particularly given her earlier notice of readiness for trial and the lengthy pendency of the action. The Slavin doctrine applies because DOT's acceptance of the completed work relieves the construction and design defendants of liability for the patent defect, and the engineer's email noting the defect predated DOT's acceptance by five months.
[1] A trial court does not abuse its discretion in denying a motion for continuance of a summary judgment hearing when the non-moving party fails to demonstrate diligence, go…
[2] A non-moving party cannot thwart a scheduled summary judgment hearing by initiating discovery after the hearing has been set.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Absent a non-moving party's demonstration of diligence, good faith, and the materiality of the discovery sought to be completed, a trial court cannot be faulted for denying a motion to continue a long-scheduled hearing on the motions for summary judgment.”
Establishes the standard for reviewing denial of a continuance motion and the requirements for a non-moving party to overcome such denial.
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Join FLexlaw to unlock all legal intelligenceIn December 2011, Vancelette tripped and fell on a curb that was part of a renovation project undertaken by the Florida Department of Transportation. …
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Rachel Vancelette appeals five final summary judgments entered in favor of seven' defendant/appellees regarding personal injuries when she tripped and fell on an unmarked curb at the far side of a sidewalk access ramp. In case No. 3D16-1632, Ms. Vancelette appeals a final summary judgment in favor of Boulan South Beach Condominium Association, Inc. (“Association”). In case No. 3D16-1338, she appeals final summary judgments in favor of: Park Place Development, LLC' (“Developer”); Soares Da Costa, CS, LLC (“Contractor”); Master Excavators, Inc., and Curb Masters, LLC (collectively, “Subcontractors”); and Schwebke-Shiskin Associates, Inc., and Hernando J. Navas (collectively, “Engineers”).1
Ms. Vancelette’s injury occurred in December 2011. The undisputed facts establish that the ramp and curb on which she tripped were part of a renovation project undertaken by the Florida Department of Transportation (“DOT”). DOT issued a permit for the Developer to repair the crosswalk, and it approved plans for the work in 2009'. The work was performed by the Subcontractors under a contract with *400the Contractor. The Engineers drew, the plans and inspected the work,:
( There is also no genuine dispute .that (a) DOT accepted the work in August 2010, fourteen months before Ms. Vancelette suffered her injury, and (b) the alleged defect in the project was patent rather than latent. Ms. Vancelette raises two issues on appeal. First, she argues that her motion for continuance of the hearing on the motions for summary judgment, filed less than two weeks before the scheduled hearing and three months after Ms. Van-celette’s counsel notified the trial court that she was ready for trial (and two years, ten months, after the lawsuit was filed) should have been granted. Second, she argues that the case is not subject to the “Slavin doctrine,” Slavin v. Kay, 108 So.2d 462 (Fla. 1958), regarding the legal effect of an owner’s acceptance of the work. We find no error regarding the 'trial court’s analysis of either of these issues.
The trial court’s denial, of the motion for continuance is reviewed under the abuse of discretion standard., Ms. Van-celette has not advanced any reason why she could not have completed the discovr: ery before the summary judgment hearing, particularly in light of her own notice of X’eadiness for trial months earlier and the lengthy pendency of the action. Crespo v. Fla. Entm’t Direct Support Org., Inc., 674 So.2d 154, 155 (Fla. 3d DCA 1996); Colby v. Ellis, 562 So.2d 356 (Fla. 2d DCA 1990).
Absent a non-moving party’s demonstration of diligence, good faith, and the materiality of the discovery sought to be completed, a trial court cannot be faulted for denying a, motion to continue a long-scheduled hearing on the motions for summary judgment. See, e.g., Smith v. Smith, 734 So.2d 1142, 1144-45 (Fla. 5th DCA 1999) (“after a motion for summary judgment is filed and scheduled, non-moving parties cannot thwart the summary judgment hearing by initiating discovery”); Bldg. Educ. Corp. v. Ocean Bank, 982 So.2d 37 (Fla. 3d DCA 2008); Carbonell v. BellSouth Telecomms., Inc., 675 So.2d 705 (Fla. 3d DCA 1996).
Regarding the merits of the motions'for summary judgment, the Slavin doctrine holds that acceptance of the completed work by the owner relieves the construction and design defendants of further liability as to alleged patent defects. Ms. Vancelette’s reliance on a punch list email by the Engineers, “Ramp not constructed as per plans. (Possible tripping hazard),” is misplaced. The email was dated March 19, 2010, five months before DOT accepted the completed work. The Slavin doctrine applies to such a scenario. Gustinger v. H.J.R., Inc., 573 So.2d 1033 (Fla. 3d DCA 1991); Foster v. Chung, 743 So.2d 144 (Fla. 4th DCA 1999).
The final summary judgments in favor of thése seven appellee/defendants are affirmed.
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Angeles v. Winn-Dixie Stores, Inc., 326 So. 3d 811 (Fla. 3d DCA 2021)…uth Telecomms., Inc., 675 So. 2d 705 (Fla. 3d DCA 1996). Further, the record indicates that the Winn-Dixie witness’ name was provided to plaintiff a year before the summary judgment hearing. See Vancelette v. Boulan S. Beach Condo. Ass'n, Inc., 229 So. 3d 398, 400 (Fla. 3d DCA 2017) (holding: “Absent a non-moving party's demonstration of diligence, good faith, and the materiality of the discovery sought to be completed, a trial court cannot be faulted for denying a motion to continue a long-scheduled…
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Vella v. Salaues, 290 So. 3d 946 (Fla. 3d DCA 2019)…citations omitted). Here, Vella “offered no such support and, therefore, we find no abuse of discretion in the trial court’s denial of [his] motion for continuance.” Id. (citation omitted); see also Vancelette v. Boulan S. Beach Condo. Ass’n, Inc., 229 So. 3d 398, 400 (Fla. 3d DCA 2017) (“Absent a non-moving party’s demonstration of diligence, good faith, and the materiality of the discovery sought to be completed, a trial court cannot be faulted for denying a motion to continue a long-scheduled hearing on t…
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Nieto Villamizar v. Luna Cap. P'rs, 43 Fla. L. Weekly D900 (Fla. 3d DCA 2018)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)
- Bldg. Educ. Corp. v. Ocean Bank, 982 So. 2d 37 (Fla. 3d DCA 2008)
- Carbonell v. Bellsouth Telecomms., Inc., 675 So. 2d 705 (Fla. 3d DCA 1996)
- Colby v. Ellis, 562 So. 2d 356 (Fla. 2d DCA 1990)
- Al Crespo v. Fla. Ent. Direct Support Org., Inc., 674 So. 2d 154 (Fla. 3d DCA 1996)
- Smith v. Choya T. Smith and Arrestor Holley, 734 So. 2d 1142 (Fla. 5th DCA 1999)
- Gustinger v. H.J.R., Inc., 573 So. 2d 1033 (Fla. 3d DCA 1991)
- Foster v. Chung, 743 So. 2d 144 (Fla. 4th DCA 1999)