GERALD D. LOVELACE, APPELLANT,
v.
ANA MARIA SOBRINO, ETC., ET AL., APPELLEES
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The court held that the trial court erred in entering summary judgment without a hearing and before discovery was completed.
Appellant, a third-party plaintiff, sought review of an adverse summary judgment in a personal injury dog bite case. The trial court entered summary j…
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Appellant-defendant, a third party plaintiff below, seeks review of an adverse summary judgment entered in favor of the alleged insurer on the basis of coverage by the company of the appellant in a personal injury “dog bite” case. We reverse.
We have carefully considered the record, briefs and arguments of counsel and have concluded that the trial court erroneously entered summary final judgment in favor of appellee without a hearing on the motions and prior to the completion of scheduled discovery proceedings that were relevant to the issues involved. Accordingly, the order granting summary judgment in favor of appellee and denying *515same to appellant1 are hereby reversed and the cause is remanded for a hearing on said motions based upon the record now before this court, and any other matters that are properly presented to the court prior to said hearing.
Appellant’s petition for attorney’s fees on this appeal is denied without prejudice to his right to apply to the trial court in the event that appellant prevails below on the issue of coverage. See Daleo v. Bert & Bette Bayfront 66 Marine, Fla.App.1973, 273 So.2d 113.
Reversed and remanded with directions.
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Commercial Bank OF Kendall v. Alana G. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975)…k account. We reverse on the state of the record, as it was premature 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. Lovelace v. Sobrino, Fla.App.1973, 280 So. 2d 514; Campbell v. Hartford Fire & Casualty Company, Fla.App.1975, 309 So. 2d 624. This opinion is not to be construed as passing on the merits of any of the counts of the plaintiff’s complaint. The matter is returned to the trial court for further proc…
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A & B Pipe & Supply Co. v. Turnberry Towers Corp. & Turnberry Corp., 500 So. 2d 261 (Fla. 3d DCA 1986)…’ completion of their discovery and where the court had not yet ruled upon plaintiffs’ motion to compel. See also Danna v. Bay Steel Corp., 445 So. 2d 704 (Fla. 4th DCA 1984); Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981); Lovelace v. Sobrino, 280 So. 2d 514 (Fla. 3d DCA 1973). The record in the instant case similarly discloses that the judgment appealed from was entered prematurely. We therefore have not considered the other points raised in this appeal. The final summary judgment is reversed and the…
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Daniel Laurent, Inc. v. Coral Television Corp., 431 So. 2d 1047 (Fla. 3d DCA 1983)…re and Casualty Co. v. Oskierko, 334 So. 2d 61 (Fla. 3d DCA 1976); Spear v. Martin, 330 So. 2d 543 (Fla. 4th DCA 1976); Francis v. General Motors Corp., 287 So. 2d 146 (Fla. 3d DCA 1973), cert. denied, 293 So. 2d 716 (Fla.1974); Lovelace v. Sobrino, 280 So. 2d 514 (Fla. 3d DCA 1973); Coquina Ridge Properties v. East West Co., 255 So. 2d 279 (Fla. 4th DCA 1971); Spencer v. Halifax Hospital District, 242 So. 2d 143 (Fla. 1st DCA 1970); Burley v. Mummery, 222 So. 2d 261 (Fla. 3d DCA 1969); Central Investments, I…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daleo v. Bert & Bette Bayfront 66 Marine, 273 So. 2d 113 (Fla. 3d DCA 1972)
- Osceola Cnty. v. Goodman, 276 So. 2d 210 (Fla. 4th DCA 1973)