Error to enter Summary Judgment while discovery pending – Almond Entertainment, Inc. v. Bayview Loan Servicing, LLC

Bayview Loan filed a commercial foreclosure action against Almond and later moved for summary judgment.  At some point, it is not clear whether it is before or after the MSJ was filed, Almond moved to compel the deposition of Bayview’s corporate representative.  It is also unclear whether that motion to compel was ever ruled on.

Almond informed the trial court of the outstanding discovery in its memorandum in opposition to summary judgment.  However, the trial court entered summary judgment without Almond having taken the deposition of Bayview’s corporate rep.

The Second DCA found that “the facts had not been sufficiently developed” and overturned the entry of summary judgment.

Almond Entertainment, Inc. v. Bayview Loan Servicing, LLC, 37 Fla. L. Weekly D2353a (Fla. 2d DCA Oct. 5, 2012)

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