Scherr v. Andrews
This text of 497 So. 2d 970 (Scherr v. Andrews) 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.
Opinion
Where a protective order of the trial court has temporarily precluded the plaintiffs from deposing one of two defendants and the effect of such order is to deprive the plaintiffs of the opportunity to discover information tending to establish the liability of the co-defendant, the entry of a summary judgment for the co-defendant while the protective order is in effect is premature. The summary judgment is, accordingly, reversed and the cause remanded for further proceedings, which may, of course, include a renewed motion for summary judgment after the plaintiffs have had a full and fair opportunity for discovery.
Reversed and remanded.
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Cite This Page — Counsel Stack
497 So. 2d 970, 11 Fla. L. Weekly 2419, 1986 Fla. App. LEXIS 10686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scherr-v-andrews-fladistctapp-1986.