Summary Judgment Reversed Due to Outstanding Discovery Requests – Harvey Covington & Thomas, LLC v. WMC Mortgage Corp.

In this foreclosure case, the trial court granted summary judgment even though the defendant requested an opportunity to take discovery on the plaintiff’s summary judgment affidavit and, further, the plaintiff had not responded to all of defendant’s discovery requests.  The appellate court reversed, holding,, “[I]t 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.”

Harvey Covington & Thomas, LLC v. WMC Mortgage Corp., 37 Fla. L. Weekly D897b (1st DCA Apr. 17, 2012)