ONEIDA HERNANDEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JESUS HERNANDEZ, APPELLANT,
v.
FIDELITY & CASUALTY COMPANY OF NEW YORK, A FOREIGN CORP., APPELLEE
ONEIDA HERNANDEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JESUS HERNANDEZ, APPELLANT,
FIDELITY & CASUALTY COMPANY OF NEW YORK, A FOREIGN CORP., APPELLEE
394 So. 2d 533
Florida District Court of Appeal, Third District (1981)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed. Florida Farm Bureau Insurance Co. v. Shaffer, 391 So. 2d 216 (Fla. 4th DCA 1980); Aetna Casualty and Surety Co. v. Goldman, 374 So. 2d 539 (Fla. 3d DCA 1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Theresa Singer Ad Litem for Ann Doe v. Star, 510 So. 2d 637 (Fla. 4th DCA 1987)…here has been insufficient time for discovery, Moore v. Freeman, 396 So. 2d 276 (Fla. 3d DCA 1981), or where a party through no fault of his own, has not yet completed discovery, Societe Euro-Suisse, S.A. v. Citizens and Southern International Bank, 394 So. 2d 533 (Fla. 3d DCA 1981), or when objections to interrogatories and a motion to produce are pending. Salzberg v. Eisenberg, 368 So. 2d 442 (Fla. 3d DCA 1979). At the time of its ruling on the motion for summary judgment, the court knew that appellants ha…
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S. Cal. Funding, Inc. v. Hutto, 438 So. 2d 426 (Fla. 1st DCA 1983)…emained in the cause. Absent such a determination, it was untimely for the trial court to render a final summary judgment in favor of appellees.” Id. at 442. In a later decision, Societe Euro-Suisse, S.A. v. Citizens and Southern International Bank, 394 So. 2d 533 (Fla. 3rd DCA 1981), the Third District reversed a summary judgment as prematurely entered because the plaintiff, “through no fault of its own” had not completed its discovery in the case (and because the record did not conclusively foreclose recove…
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DeSIMONE v. Burger King Corp., 568 So. 2d 987 (Fla. 3d DCA 1990)…verse on the state of the record, as it was premature for the trial court to award the defendant summary judgment when the plaintiffs, through no fault of their own, had not completed discovery. Societe Euro-Suisse v. Citizens & Southern Int’l Bank, 394 So. 2d 533 (Fla. 3d DCA 1981); Commercial Bank of Kendall v. Heiman, 322 So. 2d 564 (Fla. 3d DCA 1975). We do not pass on the merits of the plaintiffs’ complaint. The matter is returned to the trial court for further proceedings, which may include subsequent m…
Authorities Cited
- Fla. Farm Bureau Ins. Co. v. Shaffer, 391 So. 2d 216 (Fla. 4th DCA 1980)
- AETNA Cas. & Sur. Co. v. Goldman, 374 So. 2d 539 (Fla. 3d DCA 1979)