Moshe Zuchaer and Monique Zuchaer v. Peninsula Condominium Association, Inc.

Summary

The Florida Third District Court of Appeal affirmed summary judgment in favor of Peninsula Condominium Association, Inc. The court held that the appellants could not rely on outstanding discovery where they failed to diligently pursue discovery disputes or seek relief under Florida Rule of Civil Procedure 1.510(d) before the summary-judgment hearing.

Holdings

1. The trial court did not abuse its discretion by proceeding with the summary-judgment hearing and entering summary judgment because the Zuchaers failed to diligently pursue discovery and did not seek a continuance or other relief under Florida Rule of Civil Procedure 1.510(d).

Questions Presented

1. Whether the trial court abused its discretion by proceeding with and granting summary judgment despite the existence of outstanding discovery.
2. Whether a nonmoving party may rely on pending discovery to resist summary judgment when it failed to diligently pursue the discovery or seek relief under Florida Rule of Civil Procedure 1.510(d).

Disposition

affirmed