Robson v. Haines

District Court of Appeal of Florida

Robson v. Haines

634 So. 2d 831, 1994 Fla. App. LEXIS 3761, 1994 WL 140744

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1994

DocketNo. 93-1508

StatusPublished

Cited by1 cases

This text of 634 So. 2d 831 (Robson v. Haines) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robson v. Haines, 634 So. 2d 831, 1994 Fla. App. LEXIS 3761, 1994 WL 140744 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

This is an appeal from a summary judgment in a case involving alleged breaches of warranty and failures to disclose defects in a home sale case.

Because the defendant Haines repeatedly failed or refused to appear for his properly noticed deposition he has prevented plaintiff from obtaining discovery concerning her lawsuit against him and the other defendants. Thus the case is not yet fully at issue so the trial court was premature in its summary judgment against the plaintiff. Sica v. Sam Caliendo Design, Inc., 623 So.2d 859 (Fla. 4th DCA 1993); A & B Pipe and Supply Co. v. Turnberry Towers Corp., 500 So.2d 261 (Fla. 3d DCA 1986); Danna v. Bay Steel Corp., 445 So.2d 704 (Fla. 4th DCA 1984).

REVERSED and REMANDED.

DAUKSCH, PETERSON and GRIFFIN, JJ., concur.

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PER CURIAM.

This is an appeal from a summary judgment in a case involving alleged breaches of warranty and failures to disclose defects in a home sale case.

Because the defendant Haines repeatedly failed or refused to appear for his properly noticed deposition he has prevented plaintiff from obtaining discovery concerning her lawsuit against him and the other defendants. Thus the case is not yet fully at issue so the trial court was premature in its summary judgment against the plaintiff. Sica v. Sam Caliendo Design, Inc., 623 So.2d 859 (Fla. 4th DCA 1993); A & B Pipe and Supply Co. v. Turnberry Towers Corp., 500 So.2d 261 (Fla. 3d DCA 1986); Danna v. Bay Steel Corp., 445 So.2d 704 (Fla. 4th DCA 1984).

REVERSED and REMANDED.

DAUKSCH, PETERSON and GRIFFIN, JJ., concur.

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Bluebook (online)

634 So. 2d 831, 1994 Fla. App. LEXIS 3761, 1994 WL 140744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robson-v-haines-fladistctapp-1994.

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