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Florida Second DCA rules that trial court erred in granting summary judgment to defendant prior to completion of discovery

On October 2, 2019, in Rodriguez v. Avatar Property & Casualty Insurance Company, No. 2D18-1007, the Florida Second DCA reversed a summary judgment granted by a trial court in a breach of contract case. The Second DCA concluded that the trial court erred in ruling on the summary judgment motion before the plaintiff had an opportunity to depose the defendant’s corporate representative upon whose affidavit the defendant relied in seeking the summary judgment. The Second DCA noted that “[g]enerally, it is an abuse of discretion for a trial court to grant summary judgment where the opposing party has not had an opportunity to complete discovery," quoting from Crowell v. Kaufmann, 845 So. 2d 325, 327 (Fla. 2d DCA 2003) (which in turn cited Brandauer v. Publix Super Mkts., Inc., 657 So. 2d 932 (Fla. 2d DCA 1995)).

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